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
Aaron Michael Lloyd
Aaron Michael Lloyd
Answered
  • Bankruptcy Lawyer
  • San Bernardino, CA
  • Licensed in California

A: For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The person usually has to own real property for a judgment to be recorded against them in that particular county where they own the real property.

It sounds as though they are shareholders of the corporation and may not necessarily be owners of the real property since it says you are tenants. However, I would recommend you speak with a lawyer who specializes in Co-ops so you know the rights your mother and grandmother have.

Also, speak with an estate lawyer as someone's estate can be responsible for the estate's debts.

You will likely need to speak with several different lawyers since your question touches bankruptcy, co-op, and estate law.

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