If a judgement is obtained against someone who is disabled, can they lose their house?

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If a judgement is obtained against someone who is disabled, can they lose their house?

Asked on April 23, 2011 under Bankruptcy Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, being disabled does not protect one from losing one's home--so, for example, a disabled person could have their home foreclosed upon if they default on a mortage or HELOC, or don't pay taxes. (And, for that matter, a disabled person can be evicted from a rental.)

However, unless the person defaults on some debt (like a mortgage) for which the home is security, they will not lose the home. Even if a monetary judgment is rendered against a disabled person, which the person does not pay, the worst that would happen vis-a-vis the home is having a lien put on it. However, this type of lien does not allow foreclosure; it remains as a cloud on title and must be satisfied in order to sell the home, but will not result in the home being taken.


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