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

    Jul 24, 2007, 07:37 AM
    A lien on my home from a creditor.
    My son in law has a lien on his home from a collection company concerning a credit card that he cannot pay. Can the collection company collect once he sells his home. Or is this a scare tactic. By the way, this is happening in Florida.
    Thank you.
    fgabrams
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Jul 24, 2007, 07:38 AM
    They cannot force the sell of the home, it will haveto be pay if and when he sell the property
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 24, 2007, 08:35 AM
    This is unusual. Most states do not allow filing a lien against a primary residence for unsecured debt. How do you know a lien was filed? I would check Florida laws on this matter.

    But if a lien was filed, then all it kmeans is that he can't sell the property without settling the lien.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Jul 24, 2007, 06:09 PM
    If the lien exists then it is valid and if and when your son-in-law sells his property, the payment to the creditor who has the lien will come out of the proceeds. It can only be considered a scare tactic if the lien hasn't actually been established yet and they are only threatening to put a lien on his home.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 24, 2007, 06:27 PM
    It is very common for collection people to lie to you, they will tell you they will take your car, your house, your boat, They will tell you the police will be there by Friday to arrest you and more.

    First to have a lien ( which is not commom) they will have had to go to court and get a judgement and have the court order the lien, you would ( or should) have been notified of court dates and the such.

    If there is a lien, it will show up at the court house. And at closing that lien will have to be paid before the sell can happen.
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