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If you owe a small amount on your mortgage and just received notice of suit from an old credit card debt can the creditor force the sale of your home or only place a judgment lien on it?
Wiki User
∙ 17y ago
Forced sale of a homestead is legally possible in the majority of the states, but is seldom allowed by the court. However, the more equity the debtor holds, the less likely the state's homestead exemption will protect the property, thereby leaving the home in jeopardy. There are many factors that determine if a home can be subject to forced sale for creditor debt and said factors differ in each state. The debtor should use caution in communicating with the creditor and the best option is to have no communication without having received legal advice from an attorney knowledgeable in the state of residency's creditor debtor laws. One option to explore is if the state's SOL has expired if it has then a creditor lawsuit could be defended and defeated on those grounds.
Wiki User
∙ 17y ago
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What is a judgment mean in a reposession?
It is the difference between the amount owed and the amount the collateral sold for, then minus all applicable fees. It is what you will be required to pay to the creditor.
Can a mortgage company sue for the entire amount of a second mortgage after foreclosure even though they received money to cover the first and some of the second after the sale of the property?
First, it is unclear how you know the mortgage company received money toward the second mortgage from the foreclosure of the first mortgage. The lender can sue for the second mortgage. You should consult with an attorney who can seek documentation from the lender to support the amount they are suing you for.First, it is unclear how you know the mortgage company received money toward the second mortgage from the foreclosure of the first mortgage. The lender can sue for the second mortgage. You should consult with an attorney who can seek documentation from the lender to support the amount they are suing you for.First, it is unclear how you know the mortgage company received money toward the second mortgage from the foreclosure of the first mortgage. The lender can sue for the second mortgage. You should consult with an attorney who can seek documentation from the lender to support the amount they are suing you for.First, it is unclear how you know the mortgage company received money toward the second mortgage from the foreclosure of the first mortgage. The lender can sue for the second mortgage. You should consult with an attorney who can seek documentation from the lender to support the amount they are suing you for.
Can a creditor get a judgment and freeze your bank account in South Carolina?
A creditor can get a judgment and freeze your bank account in South Carolina, but typically creditors only do this if you owe them a very large amount of money. The cost to do this usually means it's not worthwhile for creditors to pursue this type of action.
What should you do if a judgment is 6 and a half years old and you do not know if it will be renewed?
A judgment creditor seldom lets a judgment lapse. That would mean the entire process of filing a lawsuit and being granted a judgment wasted effort. The only option of the debtor is to pay the judgment amount or reach a settlement agreement of some type with the judgment holder.
How does wage garnishment work?
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?
If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?
What is a deficiency judgment?
A deficiency judgment is where the owner of a mortgage or deed of trust is awarded a judgment against the borrower in the amount of: the amount of money owed in the mortgage or deed of trust minus the amount of money the property sold for at foreclosure sale If the above amount is a positive number, some states allow the lender to get a judgment for that amount.
What happens after a entry judgment is granted?
That pretty much depends upon how much the judgment is for. usually, if the judgment amount is small, then nothing happens except that you have a really negative mark on your credit report. If you attempt a purchase a home, the mortgage lender will force you to pay off the judgment before they will extend a mortgage loan to you. The judgment will appear on your credit report for a very long time and will negatively impact your credit score. If the judgment is for a relatively large amount of money, the creditor will most likely seek to garnish your earnings or attach monies in your bank accounts.
Can a lien for an unsecured loan be filed against a law suit?
A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.
Can a creditor garnish more than the amount owed?
Some companies require you to pay fees that are cost to them to take the legal matter.
What if the judgment was paid except the court costs?
If the amount of the court costs was added into the total amount of the judgment, then you have not paid off the judgment. You have only paid off the debt that was the basis for the lawsuit. Until the entire amount is paid, the judgment creditor will not give you the necessary release or warrant of satisfaction you need to eliminate the judgment lien.
Can there be a deficiency judgment on a mortgage foreclosure in West Virginia?
No, adeficiency judgment may not be obtained when a property in foreclosure is sold at a public sale for less than the loan amount that the underlying mortgage secures.
How long is a levy valid?
Until the amount owed is paid in full or the judgment creditor agrees to a settlement of the debt.
Can a creditor put a lien on your mortgage over a 2000 dollar unpaid student loan?
Yes. If you owe a creditor money and you have an asset (such as a house), a creditor can put a lien against your asset for any amount, even $1.
What is a judgment mean in a reposession?
It is the difference between the amount owed and the amount the collateral sold for, then minus all applicable fees. It is what you will be required to pay to the creditor.
Can a bank put a lien on your house if you do not pay off a personal line of credit?
If the "line of credit' is in the form of a mortgage recorded in the land records then the lender can foreclose and take possession of the property. If it's not a mortgage then the creditor can seek a court judgment and if successful can then record a lien against your property. The property can't be mortgaged or sold until the lien is paid. If not paid and if the lien is for a substantial amount the creditor can sieze the property and sell it in most jurisdictions.
Can unemployment benefits can be garnished by outstanding judgment?
Yes, in the majority of U.S. states unemployment benefits are not exempt from creditor judgment action. The usual amount is 10% of the expendable income.
