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Can a Credit Card Company Lien Late Mom's House?

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    Lien

    • A lien is a legal property interest a creditor has to a particular property. For example, if you get a car loan to buy a car, the lender typically takes a lien in the car. If you fail to repay the car loan, the lender can then repossess the car. This is similar to a mortgage, where if you fail to pay it back, the lender can foreclose on the home and take possession of it.

    Mother's Debt

    • If your mother died leaving behind credit card debt, those debts have to get settled after your mother dies but before you can receive property from here estate. Your mother's estate is all the property she owned while alive, including her home and any debts. These estate issues get settled during the probate process, the legal process in which your mother's property goes to new owners after her creditors are paid. You cannot inherit your mother's debts, though you may be able to inherit her home, but only after the probate process is complete.

    Your Debt

    • If you incur credit card debt and fail to pay it back, a credit card company may be able to file a lien against your property, including your home. If you inherited your home from your deceased mother, that property is now yours and a judgment creditor may be able to file a lien in an effort to collect the money you owe. If you owe the card company but the house is not yours, the card company cannot file a lien against it.

    Lien Process

    • If a credit card company wants to file a lien against your mother's house, it first has to file a lawsuit. Credit cards are, usually, a form of unsecured debt. This means the credit card company agrees to loan the card holder money without requiring the card holder to give it a security interest. Unlike a secured debt, such as a car loan, the credit card company cannot simply repossess the collateral to recover the debt. Instead, it has to file a lawsuit and win its case in court. Only then can it take collections actions, such as possibly filing a lien against property.

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