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Lien on House

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What is the name of your state?Massachusetts, if a creditor places a lien on your home (This lein is from an old credit card debt from 10 years ago. Can they force you to sell your home?
The original debt was 3900.00, and now is over 10,000.00.
If I file Bankrupcy, would the lien be deleted too? :confused:
 


No...

No, they probably can't force you to sell your house. You'll need to investigate your state laws with regard to exemptions, but its unlikely.

If the CC debt was from 10 years ago, when did the attorney file the suit? Its possible that the debt was past the statue of limitations for Mass, and is therefore uncollectable. You might want to talk with your own attorney.
 

badapple40

Senior Member
Umm...

Generally to place a lein on real property, you have to go to court and get a judgment. So you've already been to court, or they've filed a suit and you haven't answered and they have a default judgment. Then they would have had to record the judgment in the office where they keep land records.

Most creditors simply record the judgment against the land and let it build, accruing at the statutory interest rate. When you sell the property, that lein will have to be paid off or assumed by the purchaser. The purchaser won't assume the debt, so it will have to be paid off.

If you declare bankruptcy, the house potentially becomes part of the estate, assuming that it is not exempt. If you've built equity in the house, you'll likely lose that equity. Keep in mind that if they have a judgment against you, I'd expect them to look at garnishing your wages or getting writs of execution on personal property (e.g. the sherriff shows up at your door and takes your property) to satisfy the judgment.

You might want to think about working out a payment plan with the creditor/creditor's attorney to avoid all that.
 

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