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debtinlv · Posted: Thu May 08, 2008 6:48 pm

How do they place a lien on your property.
Can HFC or any credit card company do that ?

I own the house with my husband and the debt is mine ..Please help...and do you have to go to court if they try to put a lien on your house??

Posted: Thu May 08, 2008 6:53 pm

Hello debtinlv and welcome. I honestly am not sure about this, but hang tight and someone with more knowledge about this will be along to help you as soon as possible.

Posted: Thu May 08, 2008 8:10 pm

First of all, every state is different ... I am familiar with Illinois laws.

An unsecured creditor (credit cards, PDLs, etc) cannot just obtain a lien on your property at will. They would need to go through the court process and obtain a judgment first. And that does mean you would be summoned into court.

In Illinois, a judgment automatically acts as a lien on any real estate you own. To become perfected, the creditor usually needs to file a memorandum of judgment with the County Recorder of Deeds. Albeit a judgment lien is subordinate to other liens like your mortgage (so they usually cannot attempt to actually foreclose); but when you go to sell the house, the judgment needs to be paid off before you can sell.

Since you and your husband equally own the house, your individual debts can be reduced to judgment, and can affect the property regardless whether your husband signed or not.

Posted: Fri May 09, 2008 11:30 am

DebtCruncher is correct. Most state will allow liens but they must obtain a judgment first. I would do some research on your state to make sure. Some states don`t allow liens for cc debt. Don't quote me on this but I believe Texas is one of those states.

debtinlv · Posted: Sat May 10, 2008 5:45 am

My debt was thru HFC for a personal loan and they will not work with me for a settlement and I am in Nevada and am sending them a letter with payment plans, keeping my fingers crossed..

Posted: Sat May 10, 2008 8:16 am

Keep in contact with them; explain your situation ... why you can't make the payments, maybe if you've had some sort of hardhip you can give them proof so they don't think you're lying, and suggesting payment arrangements is a good start. At least that tells them you're trying to make good and not completely skip out on the debt.

If they ultimately won't work with you at all, and they do file suit, then just make sure you appear in court. The courts here in my county are very lenient with the debtors, and if you are willing to pay then the judge will usually give a payment plan option to staisfy the judgment.

Posted: Sat May 10, 2008 10:21 am

A Lien (pronounced "lean") is a financial
hold on your property, giving your creditor the right to collect a debt out of the proceeds of the sale of your property.

If the City of New Orleans puts a lien on your property, the City will eventually get the right to sell your property without your permission, unless you fight the lien

If a lien is filed against your property by a contractor, you should consult with an attorney. Attorneys may be able to recover fees from the contractor to pay for this challenge.

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