Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

California atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem even though the person passed away and home was/is BOTH persons' primary residence and they are both owners? Credit card debt currently is NOT delinquent.

The property is a co-op. If you are unfamiliar with how Seal Beach Leisure World functions, please read this part about what Leisure World owners actually "own":

"When buying a co-op unit you will become a shareholder in a Mutual Corporation. The Mutual will own the unit, the land and the building. You will own the occupancy rights, have a share hold in the Mutual and common areas and will be considered a tenant in your Mutual. You will receive a Stock Certificate and Membership Certificate showing ownership of the stock attached to the unit"

1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.

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