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Your spouse died leaving credit card debt in his name only he left you property in another state can creditors attach the property?
Wiki User
∙ 12y ago
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
Wiki User
∙ 12y ago
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Can the creditor attach or 'take' other property to satisfy deficiency?
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.
What can a credit card company attach if a judgment is found in their favor?
Any assets you have such as property, automobiles, bank accounts or wages.
What other ways can the lender collect the money if you are retired and have no income?
After the lender gets a JUDGEMENT for xxx number of dollars, they can attach other property you own, Depending on your state laws.
Can personal property or a paid off condominium be taken by a debt collector to pay off credit card debt in Pa?
Creditors may certainly look to seize/attach your assets of most types to pay the debts you promised or obligated to pay and don't. They also get to recover any costs for having to act to have you adhere to your legal obligations. However, they must have court authorization to do so, and commonly, other options, like garnishment of wages or liens against the assets (which continue to accrue costs to you), are used first.
When can a lien lead to foreclosure?
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.
Does a general warranty deed that is alread transferred to grantor protect it from the previous owners creditors?
First, property is transferred by deed to the grantee. If the property is transferred to avoid creditors the creditors can still attach it through a court process. If there are already judgment liens, tax liens and mortgage liens recorded against the property then you would acquire it subject to those liens. They do not go away if you transfer the property to someone else.
In Illinois can joint tenants who are also heirs intestate be required to sell the jointly owned property to pay the debts of the deceased?
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.
Does transferring a deed of mortaged property to a child prevent creditors from placing a lien on the property?
Generally, the transfer of title to real estate to avoid creditors is against the law and is ineffective. The creditors can still attach the real estate by legal process. That type of transfer is called a 'fraudulent conveyance' and is extremely repugnant to the legal system. You can read more about it at the link provided below.
If there is no wage garnishment in TX why file bankruptcy?
Because creditors may garnish your taxes, your bank account, other financial accounts, and may attach other real property with a court order.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.
What can a lender attach after a deficiency judgment has been issued against you and how far back if at all can they go to attach assets that have been disposed of?
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.
If mom and daughter are joint tenants of a home and mother dies is daughter liable for mother's credit card debt Can creditors attach liens on home even though daughter has right of survivorship?
I'm not an attorney, and you certainly need the help of an attorney. But joint tenants have equal and undivided rights in the property they own. It doesn't seem unreasonable that creditors will want something from the mother's property.
Do you have to have to have permission to put up a free standing lean to shed against a neighbors garage?
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.
Does the IRS claim property you have inherited when they have frozen a bank account?
When you inherit property, it becomes your property. The IRS will attach liens or garnishments on such property, including inheritances.
What is another word for strap?
Attach.
Can the creditor attach or 'take' other property to satisfy deficiency?
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.
Judgments - can a judgment be filed on a gifted property?
Yes. Your ownership status is just the same as if you had bought the property. Any legal judgment against you can attach to the property.
