Can a creditor put a lien on my home? 8 Answers as of December 15, 2010

my brother has credit card debt that he can not pay. He was a cosigner on my house loan but he signed a quit claim on the deed last month. I was wondering can creditors put a lien on my home even though I have the quit claim. Also statue of limitation is 5 years in WA. if they put a lien on my home does that mean the lien last 5 years as well or is it until I sell the house. Also could you please explain the 5 years SOL. does that mean the collectors can't come after him after 5 years. Thank you so much for your help

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Statute of Limitations is how long they have to file their lawsuit. Not how long their judgment lasts. One date is the amount of time they have to sue your brother. Second, In Missouri, creditors, and bankruptcy trustees via state law, can set aside fraudulent transfers up to 4 years after they have been done. You will need to find out what WA allows. Bankruptcy law itself allows trustees to set aside fraudulent transfers up to 2 years later. If your brother filed bankruptcy the court could end up ruling that giving the property away to you for no money or significantly less than the fair market price was a fraudulent transfer regardless of intent. WA law will also dictate whether the judgment automatically becomes a lien on property or if further steps by the creditor must be taken.
Answer Applies to: Missouri
Replied: 12/15/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
If he does not have an ownership interest in your home then the creditor should not be able to put a lien on your home.
Answer Applies to: New Hampshire
Replied: 12/13/2010
Law Offices of Lady Justice
Law Offices of Lady Justice | Mona Patel
Even though your brother quit claimed the house to you, he is still responsible for the loan. A mortgage loan is different from a deed of trust. However, first find out if your brother's debt with credit cards is secured. Usually credit cards are unsecured debt which means they cannot put liens on property in order to recover the debt. So although your brother is your cosigner, his credit card will not have a right to put a lien on your house.

Statue of Limitations (SOL) is the time you have until you can sue. Example: Your friend breaches a contract you have with him. If your state has a SOL for contracts at 5 years, then you only have 5 years to sue him. After those 5 years, you cannot sue him for that contract he broke.
Answer Applies to: California
Replied: 12/10/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Yes they can. Whether it is valid or not remains to be determined.
Answer Applies to: California
Replied: 12/10/2010
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If they have a judgment, yes.
Answer Applies to: California
Replied: 12/10/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If there was any equity in your home on the date the quitclaim was recorded, then his creditors can sue you to recover the value of the transfer and, if successful, put a lien against your home to recover that.

    I don't have enough information about the SOL you're referring to. Is this the statute of limitations on contracts? That has nothing to do with liens. That means they have until 5 years from some date (usually the last date a credit card, for example, was used or a payment was made) to bring a lawsuit.
    Answer Applies to: California
    Replied: 12/10/2010
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Make sure you record that quitclaim deed, it will prevent your brother from having any interest in your house.If your brother does not own the house, then any lien for money owed by your brother will not affect your house.

    The 5 year statute of limitations only controls when the creditor can start a lawsuit against someone. If a lien is in fact recorded, then it is good forever (or until the owner dies, or sells the house).
    Answer Applies to: California
    Replied: 12/10/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    A Statute of Limitations means that the creditors can't get a judgment after 5 years.

    They must sue within the five years. Judgments are good for an additional 10 years.

    Wa may have a statute that allows creditors to set aside the quit claim deed as it

    is in fraud of creditors. Check that out.
    Answer Applies to: Tennessee
    Replied: 12/10/2010
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