can they take our home

I believe that it just means that if you ever do sell it or lose it, then they have a claim (in the amount of their lien) against the proceeds of the sale.

With a lien on it, you would be unable to refinance or sell the home without clearing the lien though.

alias1958 , you are dead on correct. :)

Also, mortgage companies don't like anyone having any claim on their collateral. If a lein is discovered, it is likely your mortgage servicer would make you address it immediately. Pull your mortgage paperwork and get out the magnifying glass.

Generally the only lienholder(s) who can initiate a foreclosure is one where you've actually given the property as collateral (ie a mortgage). Subordinate liens, like a mechanics lien or judgments, just lay dormant until you ever go to sell/refinance the house. You wouldn't be able to sell/refinance until the lien is paid off.

Mortgages do usually have "due-on-demand" clauses which state that if you allow another lien or encumbrance to be placed on the property, then they can demand the entire balance due immediately. How often they enforce those clauses, I don't know?

and what if its a irs lien and the want the equity pronto!?

The IRS can sometimes be hard to deal with and other times, not so much. I had a lien against my property for 10 years, for almost $300,000.00 (long story that is not pertinent to this discussion). The IRS usually has a 10 year statue of limitations to collect debts. In my case, there was never a chance they would collect that amount of money from me (it may as well have been $300 Million). At the very end of the SOL, I did sell my property and the IRS took what was available (which was about $6,000.00). At no point did they ever try to seize my property or attach my wages. The SOL ran out and they sent me a release of the lien. There was never any real chance to collect from me, so they just let it go. If I had some real assets, I am sure it would have been different. A lot depends on your exact situation.

Thanx guest. I assume you had no equity in your property then? My problem is there is equity, they want it, if we cannot refinance or 2nd mortg or equity loan then they are going to force foreclosure on it with no regard to the 1st mortgage holder is what I am told. I was told the irs moves above all no matter what and doesn't matter about original mortgage so they would rather force us to the street than accept pmt plan until credit score improves for a better refinance chance, which also would then s**** the original mortgage holder because why would anyone pay on a house they no longer have really? (other than to keep fico score ok but with the foreclosure it would be dust anyway so again why pay for a house you don't have) I am beginning to feel the cpa is also pushing for that to happen (ex irs employee) as no forms for pmt plan or process hearings are being done in the meantime while we wait on refinance decision. I don't want to pay out a bunch of legal fees either if it won't remedy the situation which is keeping our home and getting an installment plan till able to pay lump sum to them. they are just adding another foreclosure to the lists of many already out there which is what suppose to be getting help. I am just so frustrated and depressed about this - sorry post so long but thats where we are at.

My husband defaulted on a credit card and was sued. Our house is in both our names. CAn they attach a lien to our home and could we lose the house?

My husband defaulted on a credit card and was sued. Our house is in both our names. CAn they attach a lien to our home and could we lose the house?

My husband defaulted on a credit card and was sued. Our house is in both our names. CAn they attach a lien to our home and could we lose the house?

They can attach a lien only under certain circumstances. e.g if CCs are in husband's name and you are in a state that allows you to hold the property as tenants by the entirety and you hold it that way, they cannot attach a lien.

if they can and do attach a lien, they first have to get a judgement in court. If they already have that in their favor they can apply for a lien in some states but they cannot force a sale. They have to wait until the house is sold.

These are tenants by entirety states afaik:-
If you are in one of these check your deed to see whether you hold the property as tenants by the entirety

Full Fledged Tenancy by the Entirety States
# Alaska
# Arkansas
# Delaware
# District of Columbia
# Florida
# Hawaii
# Maryland
# Massachusetts
# Mississippi
# Missouri
# New Jersey
# Mississippi
# Oklahoma
# Pennsylvania
# Rhode Island
# Tennessee
# Vermont
# Virginia
# Tennessee
# Wyoming

Tenancy by the Entirety Only for Real Estate
# Illinois
# Indiana
# Kentucky
# Michigan
# New York
# North Carolina
# Oregon

Where can I find documents where it says that they can't attach a lien on a property that both husband and wife own that is "Tenancy by the Entirety " property.