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    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #1

    Nov 3, 2011, 04:28 PM
    Can they place a lien on my home when I am on Social Security Disability?
    I just got a letter from a collection agency in Colorado that says they have placed a lien on my home. Both my husband and I are on SSDI. Can they place a lien on my home?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 3, 2011, 04:33 PM
    Yes. They cannot move against your SSDI.

    They cannot just place a lien - there has to be a Judgment against you which is unpaid.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Nov 3, 2011, 04:49 PM
    So they have a judgement ? To place a lien on your home, they would have had to serve you notice of a court hearing for a judgement, and gotten a judgement. Once they have a judgement, they can put a lien on your home.

    You can verify a lien by going to the court house and checking to see if a lien has been filed on the deed.

    Are you sure perhaps the letter did not say if you do not pay, they may or if not paid, they will or something other than they already have.
    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #4

    Nov 3, 2011, 05:04 PM
    Fr_Chuck,
    It says Further, as a result of the entry of judgment against you,a Transcript of Judgment was recorded as a lien against your property in in XXXXXX County. This judgment lien may impair your ability to transfer, sell or refinance your property. Also, (the company collecting this debt) has the option of foreclosing on its judgment lien.
    ExCon wrote that he filed a homestead on his property and this blocked the lien. Is that true?
    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #5

    Nov 3, 2011, 05:07 PM
    JudyKayTee,
    First you say "yes", then you say they can not move against my SSDI. Which is it? They can place a lien, or they can not?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 3, 2011, 05:09 PM
    Where did Excon write that? Are you in a Homestead State?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Nov 3, 2011, 05:10 PM
    Quote Originally Posted by mysticunicorn View Post
    JudyKayTee,
    First you say "yes", then you say they can not move against my SSDI. Which is it? They can place a lien, or they can not?

    You asked two questions.

    I said, yes, they can place a lien - your first question.

    No, they cannot move against your SSDI.

    Your property is one thing; SSDI is another.

    Let me know if I need to explain further.

    Here are the homestead State exemptions - let me know if you have difficulty reading this - http://www.lawchek.net/resources/for.../homestead.htm
    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #8

    Nov 3, 2011, 05:16 PM
    JudyKayTee,
    Thanks, I am just rattled and did not see what you were saying. Thanks for your answer!
    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #9

    Nov 3, 2011, 05:19 PM
    JudyKayTee,
    ExCon said it in response to one of the questions posed at the bottom of this page that says "Check out some similar questions." I do not know which question got that answer. I will have to check to see if Colorado is a homestead state. I believe it is, but will have to check. I am not sure where to check that out, but will work on it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Nov 3, 2011, 05:23 PM
    I posted the Homestead site - just look at it and look at Colorado.
    mysticunicorn's Avatar
    mysticunicorn Posts: 9, Reputation: 1
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    #11

    Nov 3, 2011, 05:24 PM
    JudyKayTee,
    Yes, Colorado is a homestead state. But the information I read was for the equity in the home. I am buying from a private party, so no bank or lending institution is involved. I am not sure how that would affect me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Nov 3, 2011, 05:26 PM
    You should have filed for the exemption when you were first sued. It may be too late now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #13

    Nov 3, 2011, 06:50 PM
    The homestead law varies by state. In some they may attach the lien but can not foreclose, so it sits there till it is sold
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Nov 4, 2011, 07:01 AM
    Quote Originally Posted by mysticunicorn View Post
    JudyKayTee,
    Yes, Colorado is a homestead state. But the information I read was for the equity in the home. I am buying from a private party, so no bank or lending institution is involved. I am not sure how that would affect me.

    Now I'm confused - you have equity in the home (the value of your portion of the house) whether you buy from a private party, have a mortgage, something else. Your equity increases with each payment, in theory.

    From what I am reading filing for protection under the Homestead Act must happen after the debt is incurred but before a lien is issued. http://advisorfinancialservices.com/...esteadLaws.pdf
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Nov 4, 2011, 10:24 AM
    Quote Originally Posted by mysticunicorn View Post
    JudyKayTee,
    I am buying from a private party, so no bank or lending institution is involved. I am not sure how that would affect me.
    As Judy said, it shouldn't affect this situation as long as the property is in your name. However, if you are buying on a contract for deed basis, the property may still be in the sellers name and therefore make the lien invalid.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #16

    Nov 4, 2011, 12:05 PM
    Quote Originally Posted by ScottGem View Post
    Quote Originally Posted by mysticunicorn View Post
    ... I am buying from a private party, so no bank or lending institution is involved. I am not sure how that would affect me.
    As Judy said, it shouldn't affect this situation as long as the property is in your name. However, if you are buying on a contract for deed basis, the property may still be in the sellers name and therefore make the lien invalid.
    Doesn't matter who Mysticunicorn is buying from, bank loan or owner-financed. If the judgment lien was recorded before the homestead claim, the judgment creditor is secured.

    If it was a contract for deed, when the contract is paid off, and OP gets title, it may be that the lien would attach. That would take more research into Colorado law.

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