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  • Mar 25, 2008, 08:52 AM
    navyman4
    Credit card debit
    Can credit card companies place a lien on a home for debit owed to them?
  • Mar 25, 2008, 10:04 AM
    ScottGem
    Generally a personal residence is an exempt asset.

    Even if they can place a lien, that only means the debt has to be paid before the house is sold.
  • Mar 25, 2008, 10:06 AM
    nailtherat
    Generally speaking, credit cards are unsecured debt. There are a limited number of credit instruments commonly called credit cards, however, they are actually secured debit cards. Much like the debit card you might use to access your checking account, those cards draw from funds that you have already deposited into an account. With regard to using your home as collateral for a "credit card", there are home equity loans and revolving home equity lines of credit. Both of those credit instruments do, in fact, use your home as collateral, and consequently do impose a lien on your property while the account is open. In the unfortunate event that your account goes delinquent, the creditor usually has the option to seize your asset to force repayment of the debt you owe.

    Note that these are very general descriptions as credit laws and practices vary widely from state to state. A tremendous reference on all money/credit related topics can be found at bankrate.com.
  • Mar 25, 2008, 11:15 AM
    JudyKayTee
    Quote:

    Originally Posted by navyman4
    can credit card companies place a lien on a home for debit owed to them?



    Depends on the State: "How are liens attached to your property? First a creditor must summons you to appear in court and win a judgment. In about half of all states, once a creditor wins a judgment, a lien is automatically placed on your property in the county in which the judgment was won. In the other states, the creditor must record the judgment with the respective Secretary of State, Circuit Court Clerk, Recorder of Deeds, etc."

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