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Can a judgment creditor force the sale of a home if it does not have a mortgage attached?
Wiki User
∙ 15y ago
It depends on whether the judge determines that the house is "necessary" and if it is a significant financial resource. If you have a lot of equity and the house is a little "ostentatious", he/she may determine that it isn't really necessary and that you can get by with a much more modest house. But it will all depend on the determination of the judge. * Although it is possible in the majority of US states for a judgment creditor to file a lien against real property, perfect the lien and then request a forced sale, the action is rarely implemented by the judgment creditor. In most cases the state or federal homestead exemption will protect a primary residence from a forced sale. Please be advised that a homestead exemption is not always automatically covered by state law and the homeowner is required to file a declaration of homestead for a primary residence to be protected. Also, a few states (Texas is one) have established laws that directly forbid the forced sale of a primary residence by a judgment creditor.
Wiki User
∙ 17y ago
Wiki User
∙ 15y agoIf the debtor defaults on a lending agreement the creditor can sue to recover monies owed and if a judgment is granted it can be executed against real or personal property belonging to the debtor that is not considered exempt. Generally the state's homestead exemption will protect a judgment creditor from being able to use a judgment as a forced sale of a primary residence. If the home is owned free and clear it does make a better "target" for a judgment creditor but it is a complicated and lengthy process and not always successful, given that, judgment creditors seldom initiate such action. The titling of the home may also help to protect a primary residence as well as the laws of the state in which the property is located.
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Can a judgment creditor take my fully financed car?
Not if it is 100% financed or on a lease. A judgment creditor can force you to sell it for its market value, pay the lender what is due on the loan and take the rest.
A judgment is coming against you in the near future. You now purchase land with owner financing. Could this down-the-road judgment force the land to sell considering the funds you used to purchase?
That depends on the laws in your state. Generally, if the debt is large enough to justify the cost of a siezure and sale and if there is enough equity in the land the judgment creditor could sieze the land and keep it or sell it. However, if there is a recorded mortgage prior to the judgment the land will be subject to that mortgage. On the other hand the judgment creditor could simply record the judgment lien in the land records and keep it updated. Under those circumstances you couldn't refinance or sell the property without paying the lien.
What happens after a entry judgment is granted?
That pretty much depends upon how much the judgment is for. usually, if the judgment amount is small, then nothing happens except that you have a really negative mark on your credit report. If you attempt a purchase a home, the mortgage lender will force you to pay off the judgment before they will extend a mortgage loan to you. The judgment will appear on your credit report for a very long time and will negatively impact your credit score. If the judgment is for a relatively large amount of money, the creditor will most likely seek to garnish your earnings or attach monies in your bank accounts.
If a judgment has been issued for a repossession deficiency will it affect a 401K when cashed in and can they place a lien on your home which is homesteaded or take the money if it is sold?
A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.
How can a judgment put a lien on your land?
Generally, the sheriff can sieze the property and sell it to pay the creditor the amount owed. Check your state laws. If the creditor doesn't request a sale and chooses to suspend action then the creditor need only wait. The recorded lien will affect any future sale or mortgage of the property. During the time it remains unpaid interest is added at an alarming rate. In Massachusetts the rate is 12 percent. A buyer or bank will insist the creditor be paid before completing any transaction. A lien originally in the amount of $1,100 was recently satisfied at a closing in the final amount of $3,600.
Can residential property be levied to pay a debt?
No levy may be placed on a home or even a garnishment made unless the creditor has obtained a judgment on the debt through a court. The judgment automatically becomes a lien of property the debtor owns. The creditor then attempts to levy on the property threatening to sell it to pay the judgment debt. Some states force a judgment creditor to go after personal assets like bank accounts first before going after real estate. In that way although the lien is there, the levy cannot yet be made.
Can a creditor force you to sell your car?
If the creditor wins a lawsuit judgment against the debtor he may be able to execute it against a vehicle belonging to the debtor defendant. States establish vehicle exemption which are to be used to prevent a forced sale by a judgment creditor. Judgment creditors however rarely take such action, as the seizure and sale of a vehicle is complicated and seldom worth the effort needed. Creditors prefer to execute a judgment as wage garnishment, bank account levy or a lien against real property as means to recover debts owed.
In Alabama can you be forced to sell your home to pay your credit card debt?
Maybe. Whether or not a creditor of any kind can use a judgment lien to force the sale of the debtor's residence depends upon two major factors, how the home is titled and the state's homestead exemption . Although it is possible in the majority of US states for a judgment creditor to enforce a judgment as a forced sale of a primary residence, it is seldom done. The process is complicated, expensive, time consuming and seldom results in a favorable results for the creditor.
Can you settle a judgment?
You can try to settle the case any time, but each case is different. Unless you file bankruptcy, you cannot force a creditor to compromise a debt. Some creditors will settle debt before it goes to judgment in order to avoid the expense of attorney fees and other litigation costs. Others will get the judgment and try to collect before agreeing to settle. Others won't settle at all. It depends on how aggressive the creditor is and your ability to pay.
If one spouse has a judgment against them in Florida can the creditor pursue or force the sale of a Connecticut property that is held by joint tenancy?
Generally yes, against the husband's interest only. However, they would need to find the property first and obtain a judgment in Connecticut.
Can a collection agency garnish your wages over a defaulted private career training loan in Texas?
Texas law only allows wage garnishment by a judgment creditor if there is no other means for the creditor to collect monies owed. The state does allow a judgment creditor to levy bank accounts, seizure and sale of non exempt property or lien against real property owned by the judgment debtor. Texas law does not allow the forced sale of a primary residence to satisfy a judgment for creditor debt. Adding: Texas law doesn't allow wage garnishment except for student loans, taxes, or child support. They can levy your bank account and force the sale of non-exempt property like boats, extra vehicles, second homes, etc.
Can more than one creditor issue a bank garnishment and payroll garnishment at one time?
Not by creditors. The exception to multiple wage garnishments are, child support, federal or state tax arrearages and in rare cases spousal maintenance. Therefore a creditor could garnish wages at the same time of garnishment by the aforementioned.
