Lien on jointly owned property

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Can a creditor place a property lien against my home if my husband and myself are both on the mortgage? My husband did not sign the contract and the company has already sued me.




Linda,

Welcome to forums. In case of jointly owned property, judgment lien is attached with the share of the judgment debtor only. If the judgment debtor transfer his/her share to a third party, then also the lien remain attached.

However, if you have a bit of confusion regarding the whole process, I would suggest consulting a lawyer of your state.

Sub: #1 posted on Tue, 11/29/2005 - 16:36

4u.bryan 4u.bryan

(Posts: 820 | Credits: 217.41)

What do you mean by judgment lien is attached with the share of the judgment debtor only?...So if two people own property together the property cant be taken but if the property is sold, the lien gets satisfied?

Sub: #2 posted on Tue, 11/29/2005 - 20:37

Unregistered


How the other preson holding the prop. could be deprived for the fault that he is not responsible for? I think lien remains there until the prop is sold. Once its sold, the other owner gets his share and that of the debtor is taken away. Am I right?

Sub: #3 posted on Wed, 11/30/2005 - 07:46

Unregistered


In case of jointly owned property, the creditor might not obtain judgment lien, however the lien stays there. If the debtor transfers his/her share the lien is not wiped out. That's all what I meant to say.

The other person owning the property is never deprived and generally, the property is not sold without his written consent. However, laws vary for different states and its better to check with local authority.

Sub: #4 posted on Wed, 11/30/2005 - 09:03

4u.bryan 4u.bryan

(Posts: 820 | Credits: 217.41)

Yes Bryan. I have just checked with one of the law sites on internet. They are saying that unless the other person who owns the property gives written consent, it can not be sold to pay the creditors. But lien is still enforceable and passed with the property. Thus the joint property holders are indirectly responsible for their partner's debt somehow.

Sub: #5 posted on Wed, 11/30/2005 - 11:27

Unregistered


Is there a law site that says how a judgment can affect a home in all states??

Sub: #6 posted on Wed, 11/30/2005 - 14:43

Unregistered


MyHeart

Judgment laws are different in each state. For specific laws in your state, you can get information from the state attorney general office or from their website.

Sub: #7 posted on Wed, 11/30/2005 - 15:10

ben ben

(Posts: 2034 | Credits: 426.36)

If you are being sued and the outcome becomes a judgement against you, then yes, your title may be affected.. In plain english, that person/entity which just sued you may have the right to place a lien on your title despite joint tenancy. The lien will be in whosever name was sued of course and not your husbands if he was not part of the lawsuit. However, if you are in need of refinancing or selling the home, this lien will have to be cleared prior to closing.

In fact, one of the main reasons why many title companies take as long as they do processiing their paperwork is due to clearing title of such unpaid liens. Researching these may take a given amount of time and some title companies have their own lien clearing dept for just this type of activity.

On the east coast, many states are going towards utilizing an attorney for this practice of title/deed clearing.

Happy Holidays!

Sub: #8 posted on Fri, 12/02/2005 - 13:41

homefinance homefinance

(Posts: 8 | Credits: 4.06)

A married couple in Florida has separated. The husband moved out of the house, and the wife has started a divorce. Pending the divorce, the wife, who cannot keep up the mortgage payments herself, is marketing the property and has received a few good offers. The husband, due to their animosity, refuses to cooperate in a sale at any price, even if it means the house will go into foreclosure. Is there a Florida procedure in which the wife can petition the court to pass title to a buyer, provided the net proceeds are held in escrow until a final disposition is made at the time the divorce is heard? I am an attaorney in Connecticut, where such a procedure is called an action in partition. If something like that exists in Florida, what is it called and how can I get further information about it? Thank you.

Sub: #9 posted on Wed, 11/12/2008 - 17:47

Unregistered


Oh wow, I can definitely sympathize with the wife. I'm sorry to say I think your question is beyond the scope of our community. Usually for in-depth questions like this, we would refer the poster to contact an attorney. In your case, where do we refer an attorney - to another attorney ??? Sorry, we're really just more-or-less a bunch of people helping each other with their debt/collection problems.

Sub: #10 posted on Wed, 11/12/2008 - 19:34

DebtCruncher DebtCruncher
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(Posts: 2296 | Credits: 269.79)

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