Under what circumstances can a creditor place a lien on a house?

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Under what circumstances can a creditor place a lien on a house?

My dad and I bought a house; we both are in mortgage. My dad lost his job. He stopped paying his credit card bills but we made sure that we paid the mortgage on time and had no late payments (so far). Now my father has decided to leave the country and go to his native country. Hence I removed his name from the house title and so I am the only person now on it.  However, my father’s name is on mortgage along with my name. Since my dad is leaving the country, will my dad’s creditors be able to make place a lien on the house?

Asked on December 22, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the creditors come after your Father and they obtain a judgement against him they can try and collect on the judgement in various ways.  You are correct is assuming that one of the ways is to place a lien against real property.  What I am concerned about for you is that the creditors will try and set aside the transfer from you and you Dad t you alone as fraudulent.  In other words in an attempt to defraud creditors.  I think that you and your Father need to go and speak with someone to help sort out what is the best thing for you to do here with regard to his debts and your home.  You can not take him off the mortgage unless you refinance.  Seek help.  Good luck. 


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