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    pauly777's Avatar
    pauly777 Posts: 1, Reputation: 1
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    #1

    Nov 14, 2007, 09:32 AM
    Can they take our home?
    My wife and I have children and we live in CA. we have over 50k in credit card debt can they force us to sell our home or put liens and judgements against it?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Nov 14, 2007, 09:37 AM
    Yes they can make liens and judgments and such against almost all funds and any assets that you have.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 14, 2007, 09:39 AM
    Its highly unlikely that you can be forced to sell your home due to unsecured debt. Its unlikely, but less so, that a lien can be attached to the home for unsecured debt. Judgements are awarded as a result of a suit. They are the first step to obtaining a lien, but a judgement on its own doesn't go against an asset.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #4

    Nov 14, 2007, 09:40 AM
    That's true, it is unlikely, but yes, they can try if it gets to that point.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 14, 2007, 09:41 AM
    Quote Originally Posted by charlotte234s
    Yes they can make liens and judgments and such against almost all funds and any assets that you have.
    Please see my response. Your answer here is misleading and inaccurate. As I said Judgements are not made against any asset. A judgement can be used to attach or encumber an asset, but by themselves do nothing about the asset.

    Also, almost all jurisdictions exempt a debtor's primary residence from being encumbered for unsecured debt.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #6

    Nov 14, 2007, 09:43 AM
    Okay, I apologoize then.
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