We were going to file soon, but ran into some issues and now are hoping to wait til at least next year to file. But now i am worried that creditors may place a lien on our home. I know that in BK your home equity is protected depending on what state you live in, but otherwise...can creditors just place a lien on your house?? The reason I ask is because I had one collector actually tell me that they would place a lien on my house if i did not pay!
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They can't do it without you knowing it. I just went through this. They were successful in getting the lien before we filed. The lien can be removed in a seprate hearing during your bk but there will be additional attorney fees for this. This applies to a ch7 so if you are filing bk13 it may be different I am no sure. -
they have to get a judgement FIRST.... if you sell the house, the title co will check public records and you will have to pay creditor upon the sale. Unless of course you file bk, and all your equitity is exempt. they served me with summons the day before i closed on my house..nothing showed up at that time.... i bought a house in florida and it took them 3 years to find out i had a house there, i sold that house before they could domesticate the judement there.......Comment
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