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    Terri Diegel's Avatar
    Terri Diegel Posts: 27, Reputation: 2
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    #1

    May 30, 2007, 10:48 AM
    Lien on home
    Hi,
    If my husband and I sign a promissory note oweing someone money, can they automatically put a lien on our home without our permission?
    Thank you
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    May 30, 2007, 10:49 AM
    Are you on the Deed?
    Terri Diegel's Avatar
    Terri Diegel Posts: 27, Reputation: 2
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    #3

    May 30, 2007, 11:13 AM
    Yes, both my husband and I are on the deed.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    May 30, 2007, 11:15 AM
    Normally the lien will have to be approved by both parties. Just like he cannot sell it without your permission.

    So if they have place a lien on the home without your consent have it removed.
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #5

    May 30, 2007, 04:27 PM
    I had an HOA put a lien on my investment property without notifying me. I don't know if given the nature of HOAs it's different, but I can tell you for sure it happened! If you don't get a firm answer here, see if you can call a real estate attorney in your area; some will give advice over the phone at no charge, or will only charge a small amount.

    Good luck!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 30, 2007, 08:15 PM
    If you are signing a note, please read all the fine print to be sure it does not allow, But on a basic signuture loan, were nothing is being used to secure the loan, you would have to be in default on the loan, and they could get a judgement and then place a lien ( and even that depends on state law)
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