If my husband was in a car accident last year and now we are being sued, can we lose our primary home if they win?

I don’t have any assets just my home which is pay off.

Asked on September 5, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't lose your home, since even if the other side wins, gets a judgment against you which you do not pay, and then puts a lien on your home, the lien unlike a foreclosure from failing to pay property taxes or mortgage does not force the sale of the property rather, what happens is that if and when you sell the property e.g. if you sell it in order to retire to someplace less expensive than NY, the lien must be paid from the proceeds of the sale. So the lien can cost you some or all of your equity depending on how large it is if an when you sell, but doesn't force the sale or otherwise take the home. You can also file bankruptcy against the judgment--while bankruptcy has its own obvious and significant impacts e.g on credit, it does work well against judgment debts debts ariring from losing a lawsuit.


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