Thursday, April 16, 2009

Can a law office get the courts to place a lean on your home if you didnt pay?

My father had gotten our home loan for my sister and I a few years ago. So his name is on the loan and his name is on the title (My sister and I's name is only on the title). Now he has some debt which the law offices/creditors have taken to court. We were planning on selling our home and moving somewhere else...Would the courts put a lean on our home because of my fathers debt to make us pay before we can sell?

To be honest, we cant pay what he owes simply because we cant afford it.

Thanks for any info, Ive been stressed over this for a while.


It depends on HOW title is held. There are different forms of joint ownership. There may be ways to protect yourself if you move quickly. Consult with a local attorney immediately.

Yes, since the loan is on the home, it already has a lien against it. They could put an additional lien on it. The home loan would be paid first, then any other debtors. You wouldn't have to pay anything, but you would not make anything unless the total value of the liens is less than the total resale value of the home.

once the law firm gets a judgment against your father they can attach that judgment to any assets your father has including his part of the title to the land, so yes they can place a lien on the home in regard to your fathers part

any bill collector can place a lien on any property that you own . Property includes bank accounts, vehicles, homes, garnishment of wages etc.

good luck :)

You didn't mention where you lived. In Ontario the loan would be considered a private charge/mortgage and would need to be paid out prior to closing on a sale. If enough funds from the transaction would be available to pay out all charges against the property then the purchaser's attorney MAY allow the seller's attorney (yours) to provide his written word that the loan will be paid out IMMEDIATELY upon receiving the funds but AFTER escrow closes and the new owners have title. Better get in and chat with your lawyer before listing or you could be liable for damages if you cannot close and they are left without a home.

Anyone that has their name on the title to real estate and does not pay their debts can have a lien placed on their real estate.

They can place a lien on the home. Any home sale would entitle the law offices the money from the house sale. Laws may be different in your state. Check the yellow pages, some law offices offer free advice or consultation

If your father's name is on the title, and if there's a judgement entered, a lien against the property is almost certain. Especially since it's a law firm that's the debt holder. The lien will be satisfied if and when the property is sold and this must be done before the title is clear to be passed on to another owner.

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