Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.
YES. Condo Fees
If the creditors sue you for unpaid balance they can put a lien on your home if it is in your name.
Unless the collection agency is an assignee for a firm who provided labor or materials for your real property, they cannot place a lien against your home. They can, however, obtain a judgment, which will act as a lien against your home. They cannot foreclose on your home unless the debt is secured to a mortgage or deed of trust.
Can my nys pension be leined againist
If the debt is for a mortgage that's secured by real property the signed mortgage should be recorded in the land records. Otherwise, if the debt is unsecured and not in default then you are not entitled to a lien. There must be a default before you can sue in court and obtain a judgment lien.
Yes.
You will be notified of the lien/debt. In order to clear the home title (i.e.- for sale, or refinance, etc) the lien/debt will have to be satisfied. Depending upon the size of the lien and the circumstances, the lien holder may be able to force a sale of the property in order to collect the debt. It also depends on the lien holder's position. Priority is given to a tax lien, then the 1st mortgage, 2nd, etc.
You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened. LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED. Let me add to the last post. Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor. If the debt was paid as unsecured (less then 100%), then you must have the lien avoided. Most chapter 13's are less than 100% to unsecured.
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
Yes. The lien is simply a method by which a debt is secured. If the lien is on the house and the house is lost, the only thing the creditor loses is the security for the debt. The debt remains payable. If a person buys a house and borrows $100,000 to help pay for it, that person signs a promissory note to establish the debt and signs a mortgage to establish the bank's lien on the house as security for the debt. If the house burns down and there is no fire insurance, the bank has lost the security for the debt but it has not lost the debt. The mortgage (security) is useless because there is no house, but the promissory note (debt) remains in effect.
yes
unsecured creditors