I am disabled and own my home. A relative lent me the money and gets paid when I die or sell the home. Can he yake my home or lien it?
2007-03-04 00:51:36 · 7 answers · asked by kramers_keeper 1 in Politics & Government ➔ Law & Ethics
no they can not , they would have to take you back to civil court,and the judge would see clearly that you are disabled,the worst that could happen is that the court would make you make payments to the person who lended you the money, so don't you worry about it. things will work out.
2007-03-04 01:07:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Generally they cannot take your home (some states may have differing aspects to this). If they even went as far as to use your home as an asset, all they would do is place a lien on it so when you either sold it or passed away, they could force a sale to collect the lien.
Normally, they would simply garnish your wages. But since you are disabled, and disability is rarely subject to garnishment, they might try placing a lien on your property.
If your relative also has a lien, he would also be paid from the proceeds of the sale.
So, the answer is "no" to the taking of your home, and a possible "yes" to the lien attachment.
2007-03-04 01:08:03 · answer #2 · answered by Wyoming Rider 6 · 0⤊ 0⤋
Laws vary be state, so you will need to consult a local attorney. Here in California, a judgment creditor can certainly put a lien on your home or any other real property that you might own.
A California judgment creditor can also take your home if there is sufficient equity in the house. However, the process to take your home is very costly and time consuming. Therefore, it is highly unlikely that a judgment creditor would actually do this. Of course, the process in your state is different.
I've been doing collection work for over 13 years. I've put plenty of liens on people's homes, but I've only sold one home in that entire time frame and that was a foreclosure for nonpayment of HOA dues.
2007-03-04 01:28:21 · answer #3 · answered by Carl 7 · 0⤊ 0⤋
If you have a contract with the relitive lender stating that he has first rights to the money from the sale of the house then he will get his first. Yes they can claim against you. Taking your house is not very likely though. Some places as far as they can go is put a claim on the house and when you dis or sell then they can get something.
With all that said I have no faith in the legal system in the USA at all and would not be surprised at anything they will do to people.
I have said for many years that it is not the criminals that I am bothered with. Those that claim to be law inforcement officers are more likely to do more harm to me than any criminal around.
2007-03-04 01:34:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
usually you do until eventually you ask in a action for reconsideration that it truly is held in abeyance until eventually resolved! you've an particularly restricted time to attraction the determination. usually it truly is 10 operating days! This sounds like a civil case. it truly is like many the position the jury awards multi million dollar settlements that you spot contained in the data. What isn't reported that maximum are knocked right down to rather a lot no longer something!
2016-12-05 05:35:46 · answer #5 · answered by ? 4 · 0⤊ 0⤋
depends on if you have a written agreement between you and
the relative giving him permission to put a lien on the house if
you do not pay what you owe.
2007-03-04 00:55:49 · answer #6 · answered by dgreer58 3 · 0⤊ 0⤋
Most likely.
2007-03-04 00:55:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋