Restitution

[LdiJ]

? I don’t know what you mean by “signing off on the lien.” A creditor does not require the approval of the debtor to place a lien on the debtor’s property.

If I agree to restitution as part of a plea deal in a criminal case and agree to a lien against my home to guarantee that restitution (signing off on it) that lien cannot be removed from my house unless the restitution has been paid. It becomes similar to a mortgage lien. Even if bankruptcy removed my personal liability for the debt (and I am not sure it could in that scenario) the lien would still be attached to the house. If a creditor gets a lien against me and then attaches all of my assets, there is a greater likelihood that the lien can be removed from my home in a bankruptcy situation.

 

[quincy]

If I agree to restitution as part of a plea deal in a criminal case and agree to a lien against my home to guarantee that restitution (signing off on it) that lien cannot be removed from my house unless the restitution has been paid. It becomes similar to a mortgage lien. Even if bankruptcy removed my personal liability for the debt (and I am not sure it could in that scenario) the lien would still be attached to the house. If a creditor gets a lien against me and then attaches all of my assets, there is a greater likelihood that the lien can be removed from my home in a bankruptcy situation.

Where do you see that there was a plea deal? The restitution was ordered as part of sentencing and the debt was transferred.

 

[LdiJ]

Where do you see that there was a plea deal? The restitution was ordered as part of sentencing and the debt was transferred.

I don't know that it was part of a plea deal. However, we also don't know that it wasn't. Based on the way that the OP talked, it sounded like there may have been a plea deal. Plea deals are certainly common for those types of crimes.

 

[quincy]

I don't know that it was part of a plea deal. However, we also don't know that it wasn't. Based on the way that the OP talked, it sounded like there may have been a plea deal. Plea deals are certainly common for those types of crimes.

Liens are typically not a joint decision between creditor and debtor.

A link to the Minnesota Revenue liens and collections process:

https://www.revenue.state.mn.us/liens-and-collection-process

 

[LdiJ]

Liens are typically not a joint decision between creditor and debtor.

A link to the Minnesota Revenue liens and collections process:

https://www.revenue.state.mn.us/liens-and-collection-process

Huh? The vast majority of liens are a joint contractual decision between a creditor and a debtor. Every real estate transaction with a mortgage is a lien that is a joint decision between a debtor and a creditor. Loans with collateral have liens that are a joint decision between a debtor and creditor. Many other types of contracts have liens that are joint decisions between a debtor and creditor. Heck, even some liens from the IRS are joint decisions between a debtor and creditor.

 

[quincy]

Huh? The vast majority of liens are a joint contractual decision between a creditor and a debtor. Every real estate transaction with a mortgage is a lien that is a joint decision between a debtor and a creditor. Loans with collateral have liens that are a joint decision between a debtor and creditor. Many other types of contracts have liens that are joint decisions between a debtor and creditor. Heck, even some liens from the IRS are joint decisions between a debtor and creditor.

Mortgages are a different beast. Here the debt was turned over to the Minnesota Department of Revenue for collection. The debt resulted from a criminal sentence. It was not an agreement where both parties could negotiate. The lien was placed on the property to assure that restitution is paid.

But, whatever. I think enough information has been provided so Penelope11 can decide what action she wants to take.

And, once again, bankruptcy is not an option. Restitution is not dischargeable.