Posted on: 26th Feb, 2010 07:05 am
I have a home that I purchased with my boyfriend a few years ago and now that we are not together we are looking to sell the house. He just told me, after we got our 1st offer on the house, that one of his creditors put a lien on our property. What are my rights? I haven't been living in the house for over a year and really want it sold and to keep my good credit. Can I sue the creditor if it stops me from being able to sell the property?
jb, that lien ought not to prevent you from selling the home. what the creditor is doing is trying to guarantee itself that the debt will be paid, which would take place at closing. you can go ahead and sue anyone you like, but please be prepared to fail to convince anyone that you have standing. a creditor is fully within its rights to file a lien on property when a client has defaulted on an obligation.
assuming that there's a few dollars or more in equity, i think the fair thing to do is to have the amount of that lien be deducted from your former boyfriend's share of the proceeds when the time comes.
assuming that there's a few dollars or more in equity, i think the fair thing to do is to have the amount of that lien be deducted from your former boyfriend's share of the proceeds when the time comes.