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Old 03-24-2009, 04:04 PM
 
Location: Austin.texas
2 posts, read 29,849 times
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I have a credit card company that has put a lien on my home, I was told by an attorney awhile back that you can ask them to remove it and they have to! Does anyone know if that is correct or not. Forgot attorneys information!

Last edited by bellinasbb; 03-24-2009 at 04:05 PM.. Reason: correct spelling
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Old 03-24-2009, 04:10 PM
 
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No idea, but unless you charged the house on your credit card, I don't see how they can legally put a lien on your house.
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Old 03-24-2009, 04:14 PM
 
2,345 posts, read 3,150,369 times
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Just thought anout it some more....

The only way a lien could be put on your house is if they took you to court for money owed to them, and the court entered a judgement in their favor. In that case, then they can put a lien on your house. The only way I would think you could legally remove the lien is to pay them. It's just like any other legal judgement against you. They can also garnish your wages.
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Old 03-24-2009, 04:17 PM
 
Location: Austin, Texas
35 posts, read 81,198 times
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You should check with an attorney, but I believe that anyone who receives a judgment against you, can place a lien on your homestead. As long as it is your homestead, they can't collect on it until you sell the property. I also think that as long as you buy another property within a certain number of days (?60), you can avoid paying off the lien. But check with an attorney.
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Old 03-24-2009, 04:19 PM
 
Location: Austin, TX
6,878 posts, read 10,898,977 times
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I suggest you look up the resources at Clark Howard's website:
Collection Agencies on clarkhoward.com (http://clarkhoward.com/shownotes/category/12/103/358/ - broken link)

He's a consumer advocate with a radio show that talks about these issues. I highly recommend the advice he gives on the radio/web. You should also immediately speak with the consumer action line at (404) 892-8227. They may have better answers to your questions.

In light of what other posters have said about a judgement against you, if it has gotten that far (they have won in court against you), perhaps the consumer advice stuff is a bit late. Probably should give an attorney a call.
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Old 03-24-2009, 04:25 PM
 
Location: Austin.texas
2 posts, read 29,849 times
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Thank all of you for your suggestions! I will look into it a little more, I am actually trying to refi. and found out Bank of American had put a lien on my home. Thanks again everyone...
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Old 03-25-2009, 04:29 PM
 
Location: Austin, near 4 Points
1,960 posts, read 2,369,787 times
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Quote:
Originally Posted by rpowell View Post
You should check with an attorney, but I believe that anyone who receives a judgment against you, can place a lien on your homestead. As long as it is your homestead, they can't collect on it until you sell the property.......
This is my understanding as well.

What does the lender / mortgage officer say (or the title company he/she is using).....did the approval come back requiring this be paid off?

Also, if BofA refuses to subordinate their lien (i assume there's an attorney representing them) & it prevents you from getting a lower rate on your homestead.....i think they'd be subject to a lawsuit....thus they'd subordinate in a heartbeat.

But....the new lender can still require it be paid off (prior to giving final approval).....&/or when you sell your house, I believe it would have to be paid off.
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Old 03-26-2009, 10:53 AM
 
Location: Austin, Texas
544 posts, read 920,841 times
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it's my understanding (laymen's opinion/voice of experience) that the property has to be a homestead in order to prevent a lien from being attached -- if there's a judgement there are certain things they can seize and others they can't
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Old 03-26-2009, 01:07 PM
 
Location: Austin
4,066 posts, read 5,167,865 times
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Quote:
Originally Posted by bellinasbb View Post
I have a credit card company that has put a lien on my home, I was told by an attorney awhile back that you can ask them to remove it and they have to! Does anyone know if that is correct or not. Forgot attorneys information!
I bet it would go away if you paid off your debt. Have you tried that?
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Old 03-26-2009, 02:01 PM
 
Location: Austin, TX
8,774 posts, read 18,239,659 times
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Ummm...not an Austin topic, going to move it .
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