James, don't know what state you are in But unless your state prohibits it, YES. The lien will "attach" to the property and when she gets ready to sell it, lien will have to be satisfied first.
NO.They can only go after what property was secured by the loan.
State laws vary but generally, a creditor can sue the debtor in court for any deficiency after the repossession and if successful can obtain a judgment. The creditor can then request a judgment lien from the court and once recorded in the land records the lien will attach to the debtor's real estate.
An order issued by a court when a creditor has won a case against a debtor. It can be used to attach property so that it cannot be sold or mortgaged until the debt is paid. It can be converted to an execution by the court so that a sheriff can seize any property to satisfy the debt.
Any creditor that has obtained a judgement against you can attach a lien to any real property you own.
Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.
Generally, almost any property can be reached by a creditor if they can find it. There is usually a statutory provision that allows a creditor to attach property of a debtor that is in the hands of some third party. In Massachusetts it's called trustee process.
In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.
Sure, if a creditor wins a judgment they can attach any of your physical assets whether it's real property or personal.
Yes, the issue of the person being unable to work is not relevant. All U.S. States have a set of exemptions that the debtor can use to protect a specified amount of personal and real property from creditor attachment, and in some instances,federal non bankruptcy exemptions can sometimes be used
The attorney gives you some time to pay, then gets a judgment and uses the other legal options(garnishee wages, attach property, bank accounts).
In most jurisdictions the bank can attach any other assets you have. They cannot attach assets you transferred LEGALLY prior to this action unless the transfers were made for the purpose of avoiding creditors. If that was the case they can seek a judgment to capture the property so transferred.
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.
They wouldn't attach a debit card, they would attach the bank account. If there is a debit card the account is connected to, I suppose you could say they've attached it.
With a judgement in hand, the HOA can attach property that you own. As well -- read your governing documents to verify this -- they may sell your home to satisfy the debt.
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc). Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor. Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
A creditor can not seize your account unless: 1) They are also your bank and you signed agreements allowing "right of offset" where the bank can take funds from your accounts to satisfy delinquent loans you have with them. 2) Your creditor obtained a court order allowing them to attach funds or place a levy on funds. Insufficient income is grounds for credit denial but I am not aware of any possible situation where funds in a bank account may be frozen or taken when a loan is current and low income is the only problem.
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
That depends on how the property is titled. For instance judgments for federal and/or state tax can result in liens against almost any property. Forced sale of property depends on how the property is titled and the state statutes where the property is located that pertain to homestead exemption(s).
When you inherit property, it becomes your property. The IRS will attach liens or garnishments on such property, including inheritances.
The actions available to creditors with a judgment standing against a debtor is called garnishment. A creditor may garnish bank accounts and other financial investment accounts, and wages. In some states, creditors may also attach state income tax refunds. There are several states, however, that do not allow garnishment at all, and in those states, the judgment is worth about as much as the paper and ink used to print it.AnswerYes. The levy is the next step after a creditor has won a judgment against you. Generally, the creditor must request a Writ of Execution from the court. That writ authorizes an officer of the court, usually a sheriff, to seize any property you own to satisfy the lien. The sheriff can freeze your bank accounts, take your car or record the execution in the land records to prevent any sale or refinance of your real property. If you have other property the creditor is aware of the sheriff can seize it too. The sheriff can sell your personal or real property under authority of the Writ of Execution. The only way for you to get your real estate back is to pay the outstanding debt and costs and with every step in that process those costs rise. The process is often referred to as a levy on execution.
A real estate lien creates a secured debt by providing the lender or creditor holding the lien with a security interest in your property. Although your mortgage lender attaches a lien to your home as a matter of course, any other real estate liens that attach to the property do so because of debts you left unpaid. In certain situations, property liens can result in foreclosure.
Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.
No. A personal creditor of yours has no right to attach the estate for which you are the executor. However, if you are also a beneficiary of that estate the creditor can go after your portion of the distribution.
Generally, a lien usually stays on the property against which it was recorded. The exception is state and federal tax liens which attach to after-acquired property.
If you have no assets to pay the judgment, but have a job, the creditor will probably look to garnish your wages. If you have no job, the judgment will remain on the docket as a lien against any real estate yo may purchase or inherit in the future and attach to that. Then that real estate can be sold to pay the judgment.If the judgment debtor has no current financial resources which can be attached by the judgment creditor, the creditor will usually wait until the situation changes.Very few people are completely judgment proof, there is usually some form of property that can be seized and sold to pay the debt or have a lien placed against said property until the debt is satisfied.For example, if the debtor owns a home the judgment creditor can place a lien on the property thereby keeping it from being sold, refinanced or a transfer of title until the lien is paid.