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Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment in Missouri?
Wiki User
∙ 9y ago
Generally, it can only take the interest of the debtor and not the co-owner. In the case of married couples, Tenancy by the Entirety property is fully exempt from creditors of one spouse and property owned by married couples is assumed to be held as tenants by the entirety.
Wiki User
∙ 9y ago
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Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment?
No
How do court judgments work in Missouri?
In the state the judgment creditor can execute the judgment as a wage garnishment or, bank account levy, or seizure and sale of unexempt property belonging to the debtor or a lien against real property belonging to the debtor. Missouri is a Tenancy By The Entirety state when it relates to married couples, this means that if only one spouse is the judgment debtor, property that is considered joint or titled jointly cannot be attached by the judgment creditor.
Can you lose your home if you have judgments against you?
Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.
Can creditor go after you discharged in court for a secured item?
A creditor cant take you to court over a secured debt. However, if they have a security interest in any of your property, they can still foreclose on that property.
What can a creditor do if you stop payments on a secured loan that was not reaffirmed?
Repossess or foreclose on the secured property if the agreement is in default.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Can a judgment creditor seize legally owned firearms?
most likely, property is property
If automatic stay is lifted what happens next in chapter 13?
Then the secured creditor would most likely foreclose on the property.
What responsibility does a cosigner have if the borrower AND the cosigner cannot pay a bail bonds loan?
The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.
Can a bank put a lien on your house if you do not pay off a personal line of credit?
If the "line of credit' is in the form of a mortgage recorded in the land records then the lender can foreclose and take possession of the property. If it's not a mortgage then the creditor can seek a court judgment and if successful can then record a lien against your property. The property can't be mortgaged or sold until the lien is paid. If not paid and if the lien is for a substantial amount the creditor can sieze the property and sell it in most jurisdictions.
What is a filed judgment?
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.
How can the homestead exemption help against foreclosure in a possible Chapter 13 dismissal?
It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.
