Monroe, MI asked in Bankruptcy for Michigan

Q: Disabilty wages, unsecured debt, home in my name and spouse. Seperate bank accounts, Can creditor put lien on my home?

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3 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Bankruptcy Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: Yes, a creditor who has a money judgment against you in Michigan can put a judgment lien on any real estate you own. The judgment lien is good for 5 years and can be renewed once for an additional 5 years. The judgment lien cannot be used to foreclose on the property but would need to be paid off before the property could be sold, mortgaged, or refinanced. You may have some protection from judgment liens if the property is owned tenancy by the entireties, but TBE ownership would not protect against creditors for you and your spouse's joint debts.

This is just a general overview. It would be best for you to get a consult with a bankruptcy lawyer in your area so you can discuss and get advice on all the other factors that may affect this situation.

Brent T. Geers agrees with this answer

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

A: Yes.

Michael Hollins Sr.
Michael Hollins Sr.
Answered
  • Bankruptcy Lawyer
  • Nashville, TN
  • Licensed in Michigan

A: The short answer is yes. However, there are remedies within bankruptcy that can protect your home from lien's and even strip them from off of your house, in some cases.

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