home is in my name and my wifes, lien is for federal restitution that i owe from a felony convoction. iwas never told that a lien would happen . i had been making monthly payments on the restitution..the lien is for aprox 600k, my house is worth maby 200k, this lien deprives my wife and my grandson from any security they have in the house, I'm 72 yrs old. i'm hopeing there was a error in the placing of the lien; eg; not fpllowing lawful procedure in placing lien, such as notifying me by cert. letter etc.
2007-03-24 09:50:17 · 7 answers · asked by Ellen F 1 in Politics & Government ➔ Law & Ethics
I hate to tell you, but that lien is going to remain against your home until the debt is paid. The only way you can separate interest in the home between you and your wife is if the house had been in a limited partnership, then only your part of the equity would be attachable. But the way you had the house vested, the lien against you effects all on title.
Your best bet would be to try to get the restitution reduced. You could also try checking to ensure the lien was placed correctly as mistakes are often made when liens are filed. There are several online sources that can do this. I suggest Lienfax.Com.
2007-03-24 12:18:17 · answer #1 · answered by Pro Home Buyer 2 · 0⤊ 0⤋
Yes, they can indeed. What would happen, if they repossessed the home, is this:
1. They would sell it at auction.
2. From the auction they would pay your lien.
3. Anything left over would go to your wife.
It is perfectly legal for them to do that. You can indeed get around this problem! Go see an attorney NOW. Ask the attorney to help you reconvey the house to yourself (and your wife) as JOINT TENANTS WITH A RIGHT OF SURVIVORSHIP. This way, if you die before your wife, the feds cannot foreclose because your interest in the property is abolished at death.
2007-03-24 16:55:39 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
As far as I know the lien means nothing. It's just a formality to make sure you suffer. Have you been paying the amount asked for every month?? I don't believe they can do that if you have, but, they may be taking your age into consideration. If you pass away your wife will get the house but does not own your debt especially and listen to me here if you married her AFTER your conviction. My husband is not responsible for my student loans even tho we are married because I took out the loans priot to our marriage. You really need to consider speaking with an atty. to make sure your wife is not responsible for your restitution-in that case she would get the house and if you have a mortgage it will be paid off because it is insured. No, the govt can do whatever they want and they don't have to tell us. I am disabled but they still put a 20 thou. lien on our house-this is just to make sure if I ever sell it they get the money. Do you have a will that states she can live in the house until she passes?? Seriously, check on this, it happens to doctors all the time, malpractice doesn't cover everything. I know a dr who is allowed to live in his house as long as he and his decendents live there. dj. good luck
2007-03-24 17:02:54 · answer #3 · answered by dtwladyhawk 6 · 0⤊ 1⤋
If you owe the feds $$$ , then any assets in your name may be claimed to pay the debt.
Your wife may need to seek her own security . . .
The feds make fewer mistakes in collection that do local authorities , so you might seek legal counsel on this.
2007-03-24 16:59:17 · answer #4 · answered by kate 7 · 0⤊ 0⤋
Yes, they can. If your wife survives you, the Govt can force sale of the house to satisfy the debt. If there is any money left after the debt is satisfied, she will get it.
2007-03-24 17:36:11 · answer #5 · answered by Anonymous · 1⤊ 0⤋
what if the property you own in your name belongs to financiers and investors
2014-07-06 02:42:36 · answer #6 · answered by Mirwaiss 1 · 0⤊ 0⤋
yes they can. and it does not matter that it is in both of your names
2007-03-24 16:58:04 · answer #7 · answered by plhudson01 6 · 0⤊ 0⤋