Posted on: 14th Oct, 2009 12:07 pm
I own my house free and clear of all mortgages. I owe a total a person a total of 3733.25 in a judemant from the courts. Can they take my house and sell it for the 3733.25. I am currenty unemployed and ask to pay 25.00 a month till I find a job, they said no they want it all at once. They also said they where going to take my house and sell it. Is that possible. I also stay in the state of OHIO
cece - what was the order of the court? did they order you to pay the entire balance at once? that would seem odd to me, frankly. have you defaulted on that judgment (in other words, have you simply never made payment)?
you can seek the assistance of the court in this case and request a stipulated payment plan, such as the $25 you mentioned.
most creditors (and that's usually institutional lenders, and not private individuals) who place a lien on property will wait patiently for someone to sell a house before they get paid.
if you lost in court and haven't paid, then you do risk losing the home for this piddling amount of money - if the person chooses to seek a sale of the home.
you're going to need to try to fight this one way or the other. i submit that the first step is to go back to the court that issued the judgment to begin with.
you can seek the assistance of the court in this case and request a stipulated payment plan, such as the $25 you mentioned.
most creditors (and that's usually institutional lenders, and not private individuals) who place a lien on property will wait patiently for someone to sell a house before they get paid.
if you lost in court and haven't paid, then you do risk losing the home for this piddling amount of money - if the person chooses to seek a sale of the home.
you're going to need to try to fight this one way or the other. i submit that the first step is to go back to the court that issued the judgment to begin with.
It would seem pretty draconian to sell your house out from under you for the sake of $3K - in the scheme of things, that's a pretty minor debt.
I expect that as an extreme measure they probably could try and sell your house if all other avenues failed, but it would have to be an extreme last resort if they couldn't get the money out of you any other way.
If you make a genuine effort to pay the debt, and as George says, commnicate with the court and be seen to be co operative i'd say it's pretty unlikely you'd lose your house.
I expect that as an extreme measure they probably could try and sell your house if all other avenues failed, but it would have to be an extreme last resort if they couldn't get the money out of you any other way.
If you make a genuine effort to pay the debt, and as George says, commnicate with the court and be seen to be co operative i'd say it's pretty unlikely you'd lose your house.
wow, wretched - "draconian." somehow i don't think i ever expected to see that usage on this site (nor others, for that matter). thank you - i think the populace of this nation needs an upgrade in its overall vocabulary.
Thanks George - I have a list of "words to use more often" up on my wall (draconian wasn't actually on it, it just seemed fitting!). Great words that have fallen out of common use but shouldn't have. every once in a while a situation comes up that allows me to bust one out.
Stay tuned and i'll see if i can work "Indomitable", "Quintessential" or "Apoplectic" into a sentence somewhere!
Stay tuned and i'll see if i can work "Indomitable", "Quintessential" or "Apoplectic" into a sentence somewhere!
i look forward to it. a wordsmith has to work an audience on occasion, after all.