Can a credit card creditor put a lien on our home mortgage, or take our house for payment of the credit card debt? 19 Answers as of February 03, 2011

Can a credit card creditor put a lien on our home mortgage, or in any way take our house for payment of the credit card debt? We can't afford filing for bankruptcy yet. Thank you.

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Law Offices of J. L. Haddock, PLLC
Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
A credit card company may only do so after obtaining a judgment against you. They may then record a judgment lien on your property, which essentially changes their status from an unsecured creditor to secured one (secured by their lien on the home). Typically, judgment liens will remain in effect on the property until the debt is paid or the home is sold (at which time, the lien holder is paid from the proceeds before the seller receives anything). I hope this information helps.
Answer Applies to: Michigan
Replied: 2/3/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If they get a judgment, yes they can. They have to serve you with a summons and complaint first. You can slow them down by filing an answer in the state court case.
Answer Applies to: California
Replied: 2/3/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
If you are sued and a judgment obtained then the creditor can file a lien against your home. Most likely the creditor would not try to sell your home unless you have lots of equity (at least $100,000). The larger the judgment and the larger the equity then the greater the chances the creditor would ask the court permission to sell your home. If you are sued and served with a summons and complaint you should answer the complaint to delay having a judgment entered by default until you are able to file bankruptcy.
Answer Applies to: California
Replied: 2/2/2011
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
A creditor can put a lien on your home if they go to court and obtain a judgment and then approval for a lien.
Answer Applies to: New Hampshire
Replied: 2/2/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Under California Law, the credit card company would have to sue the debtor, obtain a judgment, record a judgment lien, and then obtain a court order for the sale of the property. These are all significant hurdles to get over before the creditor can take your home. You also have a homestead exemption that will protect your home.

CAUTION, creditors will lie to you about what they can do. As to the costs of Bankruptcy, if a Chapter 13 is doable for you, you can pay for the attorney while in bankruptcy through the Chapter 13 plan. The attorney gets paid before the creditors.
Answer Applies to: California
Replied: 2/2/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Credit card debt does not become a lien until the creditor sues you in court and receives a judgment against you. The judgment is recorded where you own property and becomes a lien on the property. However, if your property is homestead, the judgment creditor cannot satisfy the judgment by forcing a sale or foreclosing on the property.
    Answer Applies to: Florida
    Replied: 2/2/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Once a creditor has filed a lawsuit and obtained a judgment in court, then they can enter that judgment as a lien against any property you own. They cannot take the house, but would get paid on a lien, should you sell the house. With a judgment from a court, the creditor can also lien bank accounts and garnish wages to collect.
    Answer Applies to: California
    Replied: 2/2/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    Any creditor, after obtaining a judgment, may file an abstract of judgment, which would result in a judgment lien on real property owned by you in the county in which the abstract is recorded. assuming there was equity above and beyond your applicable homestead exemption, the creditor may be able to force a sale of the property in order to enforce the judgment lien. You should seek the advice o counsel to see how best to proceed in your situation.
    Answer Applies to: California
    Replied: 2/2/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes they can if they get a judgment. They would then simply record the abstract of judgment with the county recorder to secure their lien against you home. Foreclosure is then possible, although typically they will wait until you try to sell or refinance to get paid.
    Answer Applies to: California
    Replied: 2/2/2011
    Javia & Moore
    Javia & Moore | Marisa-Andrea Moore
    A creditor could put a lien on your home if they sued you in civil court and obtained a judgment against you. Without taking these steps, a credit card creditor would be unable to place a lien on your home.
    Answer Applies to: California
    Replied: 2/2/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    A credit card company can sue - and if they obtain a judgment will usually file an abstract of judgment. An abstract is a floating lien that attaches to anything you own in the county where the abstract is recorded.
    Answer Applies to: California
    Replied: 2/2/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    That depends upon whether they have sued you and recorded a Judgment against your home and whether you have any equity in your home.
    Answer Applies to: California
    Replied: 2/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes. After a judgment, the creditor can lien your property.
    Answer Applies to: California
    Replied: 2/2/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    A credit car creditor can sue you and put a lien on your home. It is harder for them to sell the home (and more expensive) so I don't know that they would pursue that avenue. But it can definitely put a lien on the home.
    Answer Applies to: California
    Replied: 2/2/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    If they get a judgment, yes they can record it against your home. If you home was later sold, it would have to be paid off at closing. But if you file bankruptcy and the judgment lien is recorded against your interest in your home, it may be possible to have it removed and the debt discharged as a part of the bankruptcy. This always depends on your total assets and your total liability at the time your bankruptcy is filed. When you speak to a bankruptcy attorney be sure they know that the judgment was the result of credit card debt.
    Answer Applies to: Oregon
    Replied: 2/2/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes, If they sue you and get a judgment then that can be filed as a lien and then they can foreclose on their lien. You need to file bankruptcy before all of that transpires. Hire a lawyer immediately.
    Answer Applies to: Tennessee
    Replied: 2/2/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    It all depends on whether they have been awarded a judgment. Once they are awarded a judgment then the credit card company can use lien rights and other methods of collection to collect on the judgment.
    Answer Applies to: Utah
    Replied: 2/2/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    Normally, if they got a judgment against you, it would become a lien on any real property in which you had an ownership interest.
    Answer Applies to: South Dakota
    Replied: 2/2/2011
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