View Full Version : Lien on estate property
xCharlesx
Jan 5, 2012, 06:20 AM
Can Discover Card put a lien on a deceased womems house and stop the sell by her heirs in Tennessee?
excon
Jan 5, 2012, 06:27 AM
Hello x:
If I told you they can't, what are you going to DO about it? Certainly, you're not going to call them up and say that an exconvict on the internet told me you can't do that, so STOP..
You need somebody on the ground who, not only can tell you the law, but can DO something about it. That person would be a lawyer.
excon
ScottGem
Jan 5, 2012, 07:33 AM
First, its is not a good idea to piggyback your question on another thread. So your question has been moved to its own thread.
ANY creditor can place a lien on property if they have received a judgment allowing then to collect on a debt. If the property is part of an estate, the judgment needs to be against the estate holder. If the judgment is against an heir to the estate then the lien is on the estate distribution.
A lien does not stop a sale. It prevents the sale from being completed until the lien is satisfied. What generally happens is a check is issued to the lienholder during the closing on the property.
Fr_Chuck
Jan 5, 2012, 08:35 AM
Agree, was there already a judgement at the time of the estate? Was the credit card company notified of the death and of the estate? Did they file for a judgement after the estate and was the estate notified of the court action?
And a lien does not stop the sale, unless it is for more money than the sale, it merely allows them to get the money when sold.