In Dec. of 2004, MBNA put a lien on my home. I got into debt because my husband died in 1999 and it took over 8 years to win my widows benefits of DIC. Two years ago, I started drawing benefits from Social Security. I know that they cannot garnish my S.S. NOR my DIC claim, but I would also like to point out they cannot take me to court if they have already put a lien on my home..

Thank you,

Joyce

Of course they can demand payment, if you have not paid them yet, the judgement will only get them paid if and when you sell the property or you die. But since their is a lien, they can still try to collect from the judgement and if they get it paid in full, then they would release the lien.

What is a judgement/transcriptcivil case

In Dec. of 2004, MBNA put a lien on my home. I got into debt because my husband died in 1999 and it took over 8 years to win my widows benefits of DIC. two years ago, I started drawing benefits from Social Security. I know that they cannot garnish my S.S., NOR my DIC claim, but I would also like to point out they cannot take me to court if they have already put a lien on my home..

Thank you,

Joyce


They can take any legal means at their disposal in order to collect their debt - all the lien does is guarantee them payment "off the top" if you sell your home. They may want their money sooner than that. This is not unusual in NYS.