View Full Version : Can a lien be put on my home for unpaid credit card debt
bitter 69
Nov 14, 2009, 05:40 PM
I am a co owner not the primary but secondary owner. My mother owns the home but if something should happen to her I get it. Can a lien be put on my home for unpaid credit card debt?
tickle
Nov 14, 2009, 05:54 PM
bitter 69, I can honestly say that theycant go that far (putting a lien on a home), but if they get a judgment against you can hit your bank accounts. So if you and your mom share a joint account and have automatic deposits, I would have the automatic deposits stopped so they don't go in your chequing account.
Tick
ScottGem
Nov 14, 2009, 06:03 PM
Putting a lien on a home for credit card debt is rare, but its possible. It depends on the state. As long as you are listed on the deed as an owner it is a possibility.
Fr_Chuck
Nov 14, 2009, 08:28 PM
While it seldom happens, they want money now, not a lien that may or may not get them money in 30 years.
But some states allow them to get one after they get a judgement.
XTC832
Nov 20, 2009, 02:43 PM
If your credit cards are in default, then they can file a judgment in your name. And if they win the judgment by way of a court order, then they can freeze your bank account or try to go after your wages. In some states, wage garnishment is not allowed for unpaid credit card debt. You say your mother is the primary owner of the house and you are a co-owner of the house. Some creditors will try to get a lien placed on a piece of property but only if the property is about to be sold or foreclosed upon. They try to use that tactic in an effort to get some kind of payment since there's the possibility of equity available. If the house is paid for or if the mortgage is all up to date, then trying to get a lien, while possible, is not practical at all. The lien would only affect your ability to sell the house at a later date and by that time, the statute of limitations would have kicked in anyway. Trust me, credit card companies don't want houses. I wouldn't lose too much sleep over it. If it bothers you that much, then go with your mother to the recorder of deeds in your municipality and have your name removed from the house, at least long enough for the lien nonsense at the credit card company to pass. With the house being in her name only, they don't have a prayer of putting a lien on it. If you use that tactic, do it well in advance of any litigation. In some proceedings, the hiding or removal of names from assets to avoid litigation within 3 months may appear as a deception to the court. You can always have the house put back in both your names later. Take care!