QUESTION

If my house is in homestead can someone put a lien against it?

Asked on Oct 19th, 2014 on Bankruptcy - Michigan
More details to this question:
A law firm put a lean against my home. They say I owe them money. I do not have a signed contract with them.
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5 ANSWERS

Yes, they can record the lien. If they foreclose on the judgment lien, they will have to pay off any mortgages, and your homestead amount.
Answered on Oct 21st, 2014 at 8:37 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Creditors can put a lien against real estate protected by a homestead in a couple of ways they can sue you & obtain a court judgment, then record that court judgment, or they can provide services to the house (such as home repairs) and have a statutory lien placed against your real estate. All a homestead does is protect your property from being sold at a sheriff's sale. These laws do not protect you from the consequences of debts. A lien on your house will grow and grow and when you sell or refinance the house, the lien will have to be paid off in full.
Answered on Oct 21st, 2014 at 8:25 PM

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Yes various types of liens can be place on homestead property. The Nebraska homestead exemption statute will generally prevent the foreclosure of a lien, unless the foreclosure sale nets more than homestead exemption amount prior to application of the proceeds to the lien.
Answered on Oct 21st, 2014 at 10:33 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In Ohio, the homestead exemption doesn't prevent judgment liens from being applied to your property. However, in most cases the judgment lien is worthless. In Ohio, the homestead exemption is $132,000 ($264,000 for a couple), unless your equity is more than the exemption, in any judicial proceeding the lien will be cancelled. Now, that does lead to the problem if you're planning on selling your house, you need to sue the law firm to get clear title. So, it will require some planning to sell.
Answered on Oct 21st, 2014 at 1:14 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will need to see an attorney with the details. There are too many unanswered or non-disclosed facts to answer.
Answered on Oct 20th, 2014 at 8:53 PM

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