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Can creditors take your home

Updated: 9/11/2023
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17y ago

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States establish laws that determine what real and personal property can be attached or seized and sold by a judgment creditor. All states have a homestead exemption that will usually protect the property from a forced sale. The larger the amount of equity that the debtor has in the home makes it more susceptible to a forced sale of the property. Several states by statute do not allow a forced sale of a primary residence (Texas is one) and a forced sale is not possible of property owned as Tenancy By The Entirety by a married couple when only one spouse is the debtor. It is extremely important that the homeowner be aware of the amount of homestead exemption for their state and the governing laws. In some states the homestead exemption is automatically included in state laws relating to creditor action. In many states, however, a homestead declaration must be filed with the city or county recorder's office for a homestead exemption to be valid. In addition, creditors cannot seize any property belonging to a debtor without due process of law (lawsuit or arbitration). The exception is the filing of a Mechanic's lien for improvements or repairs done on the property itself. Mechanic's liens cannot be implemented as a forced sale of a primary residence.

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