QUESTION

Can anyone put a lien on residential property for money owed unbeknown to the other owner

Asked on Nov 15th, 2014 on Residential Real Estate - Pennsylvania
More details to this question:
2 married people own a house. One of the persons borrowed money unbeknown to the other owner. The lender is threatening a lien on the property if not paid within certain time period . Is that legal when one owner is not aware of the loan? or has signed anything in regards to the loan?
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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You've got a few issues here.  First of all, a lender cannot put a "lien" on anyone's property without the borrower's permission (e.g. signing a mortgage) or after filing suit and obtaining a judgment (which is a lien on real property in the state and county where the judgment is filed of records).  Secondly, property owned by a married couple is exempt from the claims of a creditor of one of the owners.  In other words, a creditor of one of the married persons cannot cause a lien to be filed on property owned by a married couple.  If the creditor has made this threat, it may be a violation of the Fair Debt Collection Practices Act.  You can file a complaint against this creditor with the Federal Bureau of Consumer Protection.  Here's a link:  http://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection.  
Answered on Nov 17th, 2014 at 11:26 AM

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