Can a credit card put a lien on your home over a credit card debt? How? 17 Answers as of August 21, 2015

Can a credit card put a lien on your home over a credit card debt? How does that work and what does that mean immediately?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, once the creditor gets a judgment it will attach to your home.
Answer Applies to: New York
Replied: 8/21/2015
Ronald K. Nims LLC | Ronald K. Nims
A credit card can only put a lien on your home if they successfully sue you.
Answer Applies to: Ohio
Replied: 8/21/2015
John W. Lee, PC
John W. Lee, PC | Kim A. Lewis
Any creditor can put a lien on your house of they obtain a judgment against you and docket it in the appropriate court.
Answer Applies to: Virginia
Replied: 8/19/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
No, but they can achieve much the same by recording an Abstract of Judgment.
Answer Applies to: California
Replied: 8/19/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
First they have to sue you and get a judgement. Then they can then put a lien on your home, which you might be able to remove in bankruptcy. Depends on how much equity you have in your house. Suppose the homestead exemption is $150,000. You house is worth $450,000 and you owe 375,000. You therefore have $75,000 in equity which is less than your homestead exemption by $25,000.00. If the judgement is less than $25,000 you can remove all of it. If the judgement is more than $25,000 you can remove the $25,000 that "impairs" your homestead exemption and be stuck with the balance above that.
Answer Applies to: California
Replied: 8/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have not provided sufficient information to give a reasoned and firm opinion. Some credit cards are secured and may be possible that such could result in a lien upon your home. Additionally, if you have been sued and not paid a judgment based upon the credit card that it is possible that a judgment lien could be placed against your home. You should engage an attorney and provide all of the details necessary to allow counseling you on your rights and liabilities.
    Answer Applies to: Michigan
    Replied: 8/19/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    They can put a lien on your house but first have to win a lawsuit against you in court. If you are sued and receive a summons and complaint do not ignore it. You'll have 30 days to respond. Take the paperwork to a knowledgeable local debt defense attorney for a consultation. If you don't want to do that go get help from Legal Aid. You likely have many defenses especially from third party debt collectors and you should make the company prove up its case. Don't ignore it because you feel like you owe the money. There could be many problems with the way its been accounted for and issues of timing as well as what we attorneys call "standing" to sue.
    Answer Applies to: California
    Replied: 8/19/2015
    D.J. Rausa, Attorney at Law | D.J. Rausa
    If the credit card company hires an attorney and they file a lawsuit and obtain a judgment, then yes, they can place a judgement lien on your property.
    Answer Applies to: California
    Replied: 8/19/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If you get sued for a debt, and they receive a judgment against you, then they can place a lien on any real estate you own.
    Answer Applies to: Colorado
    Replied: 8/19/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    They need to get a judgment first. In most places, a docketed judgment creates a lien on all real estate you own at the time, or acquire with in a certain number of years.
    Answer Applies to: Wisconsin
    Replied: 8/19/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A lien can be placed on your home when a court enters a court judgment in favor of the credit card company. It is part of the legal process that when a creditor sues you, and a court agrees that the suit is valid, that creditors can enforce their court orders by liens. Otherwise, none of us would be able to obtain credit.
    Answer Applies to: Nevada
    Replied: 8/19/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    Yes, if they win a judgement.
    Answer Applies to: Connecticut
    Replied: 8/19/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes they can and you should prevent that.
    Answer Applies to: New York
    Replied: 8/19/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Any creditor may obtain a judgment against you, then record it with the county recorder. Once recorded, it attaches to all real property in your name, including your home. However, the creditor cannot forceably sell your home as long as you do not exceed the exemption amount in equity of $550,000.
    Answer Applies to: Nevada
    Replied: 8/19/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    If a creditor gets a judgment it can be made a lien on your home unless it is held as tenancy by the entireties. To actually foreclose the lien they would have to pay any mortgage and your homestead.
    Answer Applies to: Illinois
    Replied: 8/19/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    They would first have to sue you, but once they get a judgment against you in that lawsuit, then they can obtain and record what is known as an abstract of judgment in the county you have property in. At that point, there is a lien on your home. So is it immediate? No. But it won't take very long, either, unless you take some sort of action, either paying it, settling it, defending it, or filing bankruptcy.
    Answer Applies to: California
    Replied: 8/19/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Yes it is.
    Answer Applies to: Massachusetts
    Replied: 8/19/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney