• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Petition to Attach

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

AlBundy

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

I have a judgement against me by a credit card company for the amount of $12,655. In the process a Petition to Attach with Notice was granted by the court in the amount of $13,900 on my home. Since that time I have lost my job and my home was in the process of foreclosure, I am attempting to sell the home in a Short Sale. The real estate agent is telling me I need to make arrangements with the credit card company for payment so they will remove the attachement. There is nothing left to give the creditors. I was under the impression that the Attachement meant that if the home was sold that the credit card company would simply be listed as a lein holder and would get anything left over after the sale before me. What should I do?
 


racer72

Senior Member
A short sale means your primary mortgage holder will accept what you sell your house for as payment in full. That means everything. A lein is generally paid out of the equity from a house sale. You will have no equity when the house sells. You won't be able to sell till the lein is removed. At this time a talk with a bankruptcy attorney would be advisable.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top