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If the cosigner decides to pay off the loan to clear their property used for collateral can they put a judgment on the primary loan holder to collect the amount paid off?
Wiki User
∙ 17y ago
Yes, the cosigner can sue the primary borrower if they can prove the money paid on the exisitng loan was a loan to the borrower and the person had knowledge of and agreed to the action.
Wiki User
∙ 17y ago
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Must the lender notify the cosigner of intent to collect on a default?
The cosigner was probably "notified" that any funds held by the lender would be attached at the time the loan was signed. In order to garnish wages or place a lien on other property, the lender would have to go to court and obtain a judgment, in which case the cosigner would have received a summons from the court.
If a cosigner has died and the primary borrower defaults is the cosigner's estate obligated to pay the debt?
Creditors/lenders will attempt almost anything to collect a debt. It is unlikely that a lender could place a claim against a deceased cosigner's estate and be awarded a judgment. But, there are no certainties in the murky creditor vs. debtor arena.
How do you collect a debt owed when you have been awarded a judgment from the court in Florida but no payment has been forthcoming?
It is the responsibility of the judgment holder to choose the method how to collect the debt owed. The judgment holder files the judgment with the clerk of the issuing court in the manner they wish to collect the debt, such as a wage garnishment, bank account levy, property lien, etc.
Does the bank still collect from a deceased co signers estate if the property was sold?
The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.
How do you collect on a judgment when defendant lives out of state?
File a "foreign judgment" against the real property owned by the judgment debtor. This is done by contacting the tax assessor/land office in the county where the debtor resides. If the debtor does not have real property that can be encumbered by a lien, the judgment holder will need to secure a domestic judgment (requires another suit) from the state court in the county where the debtor resides to seize personal property or garnish wages for the repayment of the debt.
If you are in NJ and have been awarded a judgment in SC how can you collect?
In most cases, you have to officially register the judgment in the state where the assets are located. Once you the judgment has been entered in the new state, you can use the laws of that state to go after the debtor's property.
If my investment property goes into foreclosure will they put a lien on my home?
If the loan on the investment property is "recourse" -- ie you personally owe whatever the bank fails to collect on a foreclosure sale, and then you do not pay that "deficiency", then the bank could sue you and take a judgment against you and file a judgment lien against you that would tie up the house (a judgment lien effectively puts a "stop" on transfers of any property). And if you try to sell the property after they file suit (or possibly even before), you might be charged with a fraudulent conveyance. It also depends on whether they took your home up front as additional collateral. There are too many unknowns because you gave few facts, but this is as "could be".
If you are given a judgment by the court and the defendant disappears what can you do?
Have the judgment recorded with the recorder's office in whatever state and county you are in. It won't help you collect on the judgment, but if that person tries to sell or buy property there will be a lien that will have to be cleared up prior to doing either.
What happens after a judgment is entered against you in small claims regarding a rental property?
The prevailing party (judgment creditor) may collect on the judgment. You may be summoned to court to tell about your assets, garnishment may be started, or other lawful means of collection may be used, at the judgment creditor's discretion.
Can a creditor that has charged off a debt continue to collect and put a lien on real property?
Yes, if the creditor sues the debtor and is awarded a judgment, the judgment can be executed as a lien against real property owned by the debtor. A "charge off" does not mean a debt is not valid nor subject to collection.
A gas company does damage to your property and you are awarded a judgment in court but the gas company does not pay so you're lawyer gets a property lien on their properties what happens now?
You need to sue them and obtain a court judgment in your favor, attempt to collect, then get a court order to satisfy your damages by foreclosing on their property sell it at auction and pay off your lien.
If I sign an acknowledgement of assignment of judgment am I giving up my right to collect?
If you are the 'creditor' of judgment and you sign for a third party to collect, then YES, your right to collect is given up. Because once that is signed you just signed over your judgment over to the third party, and it is considered THEIR judgment now. BUT you will still get your money judgment from the third party.
