Can a credit card company place a lien on a jointly titled house after the husband's death inorder to recoup his personal debt
Total Comments: 4
Posted: Thu Mar 12, 2009 06:18 am Post Subject:
Most likely, 'No'.
In most states the creditors can't put lien against property till they get judgment against you. And, if the debt isn't a secured one, the creditor can't put a lien against your home.
~Jeremy
Posted: Thu Mar 12, 2009 06:24 am Post Subject:
Well, in the community property states the surviving spouse is responsible for the debts incurred by the deceased spouse. So, you can see your wage or checking account being garnished by the creditor. But, as far I know no lien can be put against the home.
Posted: Thu Mar 12, 2009 06:33 am Post Subject:
Joan, just relax. Its only a scares tactics of the credit card company to make you pay the debt. What they are saying is against the Fair Debt Collection Practices Act.
Jeremy was right, the creidt card debts are unsecured debts and it dissolves with the death of the holder. You're not responsible for it at any rate.
So, if they call you next time, tell them that you are aware of your rights under the FDCPA and won't fall for their scares tactics. Best of luck!!
Posted: Thu Mar 12, 2009 02:19 pm Post Subject:
I wouldn't relax too quickly...how long ago was this? Has a lein been filed? Did any suit papers come etc that you over looked or ignored? If they have a judgement they most certainly can put a lein on the house sale.
Posted: Thu Mar 12, 2009 06:18 am Post Subject:
Most likely, 'No'.
In most states the creditors can't put lien against property till they get judgment against you. And, if the debt isn't a secured one, the creditor can't put a lien against your home.
~Jeremy
Posted: Thu Mar 12, 2009 06:24 am Post Subject:
Well, in the community property states the surviving spouse is responsible for the debts incurred by the deceased spouse. So, you can see your wage or checking account being garnished by the creditor. But, as far I know no lien can be put against the home.
Posted: Thu Mar 12, 2009 06:33 am Post Subject:
Joan, just relax. Its only a scares tactics of the credit card company to make you pay the debt. What they are saying is against the Fair Debt Collection Practices Act.
Jeremy was right, the creidt card debts are unsecured debts and it dissolves with the death of the holder. You're not responsible for it at any rate.
So, if they call you next time, tell them that you are aware of your rights under the FDCPA and won't fall for their scares tactics. Best of luck!!
Posted: Thu Mar 12, 2009 02:19 pm Post Subject:
I wouldn't relax too quickly...how long ago was this? Has a lein been filed? Did any suit papers come etc that you over looked or ignored? If they have a judgement they most certainly can put a lein on the house sale.
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