QUESTION

my business was foreclosed on and then sold. I am now being sued for the difference. Can my personal home and assets be taken

Asked on Feb 09th, 2016 on Business Law - North Carolina
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1 ANSWER

Appellate Practice Attorney serving New York, NY
That depends.  Was your "business" a separate legal entity like a corporation or llc?  If not, you and your "business" are the same. If your business was owned by a separate legal entity, are the debts which were foreclosed upon in that entity's name or your personal name?  With rare exceptions, the individual owners of a corporation or llc are not personally responsible for the entity's obligations.  However, if you personally guaranty the obligations of the entity, you are responsible to the extent provided for in the guaranty. Moreover, even if you are personally responsible, not all of your assets can be used to satisfy the debt.  All jurisdictions have assets which are exempt, usually including some part (if not all) of the equity in your home.  I don't know what assets are exempt under North Carolina law, but it shouldn't be that  hard for you to find out with a little research.    
Answered on Feb 10th, 2016 at 10:13 AM

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