Posted on: 19th Sep, 2010 06:08 am
What should I do if a lien (due to my ex-spouse's debt) is being put on the property?
I live in the State of Texas. Due to my ex-spouse debts, a lien is being put on my property. I didn't know that when I divorced him. What should I do now to have that lien removed before refinancing since my ex-spouse name is not on the deed any more. I am and was the only loan applicant on the mortgage.
I live in the State of Texas. Due to my ex-spouse debts, a lien is being put on my property. I didn't know that when I divorced him. What should I do now to have that lien removed before refinancing since my ex-spouse name is not on the deed any more. I am and was the only loan applicant on the mortgage.
Hi annieptx ,
Welcome to mortgagefit,
If the company/lender goes for a verdict against you then you may loose the property so it is always advisable that you should contact the company who has put lien on your property and then pay them what is owed.I think you can ask your ex to pay the money or he can share some % of it.
But make sure it is paid as earliest otherwise the interest will pile up and it may take whole property itself.Lender may wish to get one time settlement payment if discussed with him.
Feel free to ask any further query.
DIPA
Welcome to mortgagefit,
If the company/lender goes for a verdict against you then you may loose the property so it is always advisable that you should contact the company who has put lien on your property and then pay them what is owed.I think you can ask your ex to pay the money or he can share some % of it.
But make sure it is paid as earliest otherwise the interest will pile up and it may take whole property itself.Lender may wish to get one time settlement payment if discussed with him.
Feel free to ask any further query.
DIPA
What if the verdict is against my ex-husband, and I have divorced from him since. Can I get that lien removed since his name is not on the title any more?
What if I sell the house? Will still be responsbile to get that lien situation resolved because it was his credit card debts not mine.
What if I sell the house? Will still be responsbile to get that lien situation resolved because it was his credit card debts not mine.
Hi Sabrina,
"What if I sell the house?"
Surely you can sell the house but what do you think that who will buy the house if he/she sees lien on the property?People are aware about most of these issues and thus prefers those real estates which are clear title.
"it was his credit card debts not mine."
If it is unsecured debt as that of credit card then I do not think you should give enough consideration because it is not your credit which is going to hamper.and once it get charged off after few years there won't be lien anymore.
As you have divorced from him you might have a divorce decree exactly mentioned whereabouts of property and thus you have legal standings as well.
I was thinking that debt was secured one,but credit card debts are unsecured in nature and thus lien won't lead to the foreclosure of the home.
So you need not worry and just wait for the lien to be charged off.
Feel free to ask any further query if you have.
DIPA
"What if I sell the house?"
Surely you can sell the house but what do you think that who will buy the house if he/she sees lien on the property?People are aware about most of these issues and thus prefers those real estates which are clear title.
"it was his credit card debts not mine."
If it is unsecured debt as that of credit card then I do not think you should give enough consideration because it is not your credit which is going to hamper.and once it get charged off after few years there won't be lien anymore.
As you have divorced from him you might have a divorce decree exactly mentioned whereabouts of property and thus you have legal standings as well.
I was thinking that debt was secured one,but credit card debts are unsecured in nature and thus lien won't lead to the foreclosure of the home.
So you need not worry and just wait for the lien to be charged off.
Feel free to ask any further query if you have.
DIPA
thank you, dipaligopale, for your prompt response.
i think i understand what you are saying.
yes, the financial mess circles all around my ex-husband's credit cards. i currently still have 805 credit score rating.
i was and am the only loan applicant. i paid off all my credit cards. we never owed any money to governemnt (such as irs). i am debt-free.
it is my ex-husband who owed all the credit card debts (note: i didn't co-sign any of his credit cards nor was i a co-owner of any of his credit cards). after divorce, i tried to refinance for the house, and that's when i found there was a lien placed on my house, which is not even against me. i am now under the situation that i didn't know what to do-- sell this house or keep this house and refinance for it. the verdict is not against me, so i don't know if i can still refinance the house without resolving his credit card debts.
i think i understand what you are saying.
yes, the financial mess circles all around my ex-husband's credit cards. i currently still have 805 credit score rating.
i was and am the only loan applicant. i paid off all my credit cards. we never owed any money to governemnt (such as irs). i am debt-free.
it is my ex-husband who owed all the credit card debts (note: i didn't co-sign any of his credit cards nor was i a co-owner of any of his credit cards). after divorce, i tried to refinance for the house, and that's when i found there was a lien placed on my house, which is not even against me. i am now under the situation that i didn't know what to do-- sell this house or keep this house and refinance for it. the verdict is not against me, so i don't know if i can still refinance the house without resolving his credit card debts.
Hi sabrina,
You can neither sell your house nor refinance it until you are able to pay the lien.
Best course at this point is contact the lien holder and discuss with them and ask them a way out in the form of structured payment plan and make sure you involve your ex-husband in all this process so that he either can pay full or share some part of it.
Sabrina, If you don't put some money in it to remove the lien then the whole house is not at all useful as far as selling is concerned.
I advise you to sort it out as early as possible because interest will pile up over a period and you/your ex will not be in position to pay the money.
Even you can hire a good attorney to deal on behalf of you.
You can get related info on the subject matter on the below mentioned link
http://www.mortgagefit.com/credit/summons-lien.html
Feel free to ask any further query if you have.
DIPA
You can neither sell your house nor refinance it until you are able to pay the lien.
Best course at this point is contact the lien holder and discuss with them and ask them a way out in the form of structured payment plan and make sure you involve your ex-husband in all this process so that he either can pay full or share some part of it.
Sabrina, If you don't put some money in it to remove the lien then the whole house is not at all useful as far as selling is concerned.
I advise you to sort it out as early as possible because interest will pile up over a period and you/your ex will not be in position to pay the money.
Even you can hire a good attorney to deal on behalf of you.
You can get related info on the subject matter on the below mentioned link
http://www.mortgagefit.com/credit/summons-lien.html
Feel free to ask any further query if you have.
DIPA