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What happens to your lien against a debtor who does not own the property but has life use?
Unfortunately for a creditor, a life use of real property is not an attachable interest as would be a fee interest in the same property. When the debtor dies the life interest is extinguished.
The creditor should try to find out if the debtor has other personal property that could be seized to satisfy the judgment. You should inquire at the court that issued the lien about scheduling a hearing to establish what assets the debtor might own. Perhaps their car could be taken by the sheriff and sold.
What else can I help you with?
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
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.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
Can a credit card issuer place a lien on your property in Pennsylvania?
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.
Is a lien by a creditor placed on the debtor or the debtor's attorney?
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
If there are three people who own a property and one of them owes back child support can a lien be filed against the property?
Yes. The lien can be recorded against the interest of the debtor. The property cannot be mortgaged or sold until the lien has been satisfied.
Can a credit card company put a lien against your property in North Carolina?
Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.
Can a credit card company put lien on your property in California?
Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment debtor.
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
Can a HOA's judgment be filed as lien against the property and at the same time seize assets such as a financed vehicle?
The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.
What can a credit card company do if an Alzheimer patient fails to pay off the balance?
The creditor can seek a court judgment and if successful can record a lien against the debtor's property. The lien must be paid before the property can be refinanced or sold. The creditor can also file a claim against the debtor's estate.
