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Can the lien holder take any action against owner occupied property?
Perhaps, it depends upon the laws of the state in which the property is located. In the majority of US states it is possible for a lien holder of real property to petition the court for a forced sale of the property in question.
Can a lien be used as a forced sale of property?
In almost every US state it is possible for a judgment creditor to request a forced sale of property to which a lien has been attached. A definite answer is not possible as there are many factors that could prevent a forced sale of a primary residence. For example, Texas is one state where statutory law forbids the sale of a homestead. Other states do not allow such a sale if it is marital property held as Tenancy By The Entirety and only one spouse is the debtor, and so on and so on.
What does it mean when there is going to be a lien placed against your property as a result of being sued by Citibank?
It means the property the lien is against, cannot be sold, refinanced or transferred in any way until the amount owed is paid in full. In theory when a lien is placed against real property a forced sale can be made. However, several states have laws that disallow the forced sale of a homestead. There are also legal remedies a property owner has available to prevent a forced sale.
One heir refuses to sign papework for sale of property There is now will. What can be done to get the signature. Texas?
The executor should petition the court for the right to sell the property.
Can a house be sold that was received in divorce that was not reaffirmed in ex-husbands bankruptcy?
This depends on how the house is titled and who is responsible for the mortgage payment. It can be foreclosed on if payments are defaulted the lender does not choose to reaffirm the loan. Or if the exemption does not protect the property, the Trustee can petition for a forced sale.
Can you petition to force the sale of a property if you own one third interest?
Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.
If more than one person is on the deed can anybody force the sale of the home or attach a lien?
Sorry I cannot give a more specific answer. Whether or not a lien or forced sale can be initiated against property depends on how the property is titled, and the state statutes. In most cases liens can be placed against the percentage of property that is owned by the debtor, but a forced sale cannot be implemented.
If a judgment is obtained in California what circumstance allows a forced sale of home?
California is a community property state, therefore how the house is titled or whether the debt is joint is not relevant. The main factor would be if the homestead exemption is large enough to protect the property from a forced sale by the judgment holder.
How do you pay the amount you owe if you are sued?
If the plaintiff wins the lawsuit they are awarded a judgment. A judgment can be used to garnish the debtor's wages or levy bank accounts, place liens against real property owned by the debtor and other actions depending upon the laws of the state in which the debtor lives. In certain situations a judgment lien holder can petition for a forced sale of real property owned by a debtor. Although the forced sale of a primary residence is difficult and judgment creditors seldom take the action, it is in the majority of US states a possibility.
If parents sold an undivided interest in property to a son for a fair market value and the parents decide to sell can the son be forced to sell?
If you have an undivided interest in property you cannot be forced to sell by the co-owners. Only a court can force a sale. Your parents would need to petition the court to partition the property. The court would divide the property if possible. If not possible then the property would be sold and the proceeds, after legal costs, would be divided amongst the co-tenants. A partition proceeding can be costly. However, your parents could sell their interest in the property to a third party who would then become your co-tenant in common.
How can a judgment for credit card debt be executed in Pennsylvania?
A creditor judgment can be executed as a wage garnishment or bank account levy or seizure and sale of non exempt personal property or a lien of a possible forced sale of real property held by the debtor.
After discharge on a chapter 7 bankruptcy can the trustee take your truck which is paid for?
If the vehicle was not included as non-exempt property in the BK petition it is considered exempt from sale and seizure.
