• 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.

legal lien on property?

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

What is the name of your state? south carolina

quick question- due to serious health issues (breast cancer) i have defaulted on a credit card. it is unsecured, in my name only.

in my state, can they put a lien on my property?(i own a doublewide mobile home, old one, on 5 acres land, still mortgaged) under the circumstances i cannot afford to refinance and put my property at risk to pay this.

thank you for your time and advice.
 


Jeter

Member
Yes, a lien can be placed on your property, but not without a judgement through a court of law. Normally, a judicial judgment constitutes a lien against real property in the state of South Carolina. It affects real estate for ten years and accrues interest during that period. Also, the creditor may apply to the County Sheriff for execution against the judgment to sell debtor's assets to satisfy the judgment.

However, if the collector actually secures a judgement, you may be able to negotiate with the creditor to pay a percentage of the judgment or make payments on the judgment until it is paid.
 
another question, please

what happens after ten years?

and this card is unsecured. the property is in both spouses names.

is there a chance that a judge will not allow a lien, considering i am not defaulting on purpose, but due to health problems beyond my control?

thank you.
 

HomeGuru

Senior Member
Re: another question, please

smbclifton said:
what happens after ten years?

**A: the creditor generally renews for another round.
*********

and this card is unsecured. the property is in both spouses names.

is there a chance that a judge will not allow a lien, considering i am not defaulting on purpose, but due to health problems beyond my control?

thank you.

**A: no, the judge must follow the law.
 

Find the Right Lawyer for Your Legal Issue!

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