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Yes, if the creditor sues the debtor and is awarded a judgment the judgment can be used to place a lien against real property belonging to the debtor.
Yes. California allows income garnishment by judgment creditors. The law also allows a judgment creditor to place a lien on real property owned by the judgment debtor. Generally the homestead exemption will protect a primary residence from a forced sale for debt owed. Judgment creditors rarely request a forced sale of a primary residence because it is a complicated and lengthy process and is seldom profitable enough for implementation.
No it is not difficult, however they would need to obtain a lawful judgment in order to place a lien on any identifiable property.
The existence of a will has no bearing on whether or not they can place a lien. If they have a legitimate debt and a judgment, or an agreement in the loan regarding a lien, they can place the lien on the property or the estate.
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
people go to a lot of place like Idaho, California, and Oregon
Judgment creditors prefer to use wage garnishment or bank account levy to execute the judgment writ. If neither of those remedies apply the creditor can seize and liqudate non exempt property belonging to the debtor, or place a lien against real property (jointly owned property can usually be attached by a creditor lien).
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.
If the realtor sues for the amount owed and wins a judgment then the judgment can be used as a lien against the home even if it is titled in both names. Whether or not the judgment holder could request a forced sale of the property would be determined by the laws of the state in which the property is located based on the way the title to the property is held. The exception to the necessity for a court judgment to place a property lien would be the filing of a Mechanic's Lien.
The forced sale of a primary residence is possible by a judgment creditor. However, this seldom happens as the procedure is lengthy and costly, generally the judgment creditor will place a lien on the property thereby encumbering it so that it cannot be refinanced, have the title transferred or sold until the lien is satisfied. Whether or not a valid lien is possible and/or a forced sale of the property is viable depends largely on how the property is titled.
It is not that easy to put a lien on real property. Generally, He would need to sue you in court and win. The court would issue a judgment lien that can be recorded in the land records.He cannot place a lien on his own.It is not that easy to put a lien on real property. Generally, He would need to sue you in court and win. The court would issue a judgment lien that can be recorded in the land records.He cannot place a lien on his own.It is not that easy to put a lien on real property. Generally, He would need to sue you in court and win. The court would issue a judgment lien that can be recorded in the land records.He cannot place a lien on his own.It is not that easy to put a lien on real property. Generally, He would need to sue you in court and win. The court would issue a judgment lien that can be recorded in the land records.He cannot place a lien on his own.
You would need to bring a lawsuit in court and obtain a judgment lien in your favor. Then, you could record the lien against the property of the defendant.