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    Question

    Can credit card companies put a lean on my father's house?

    My mom is the primary card holder who has passed away, this is in the state of New York if that matters.
    a few seconds ago 3 Answers

    Best Answer

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    As crazyjes said, its a tricky question. The main things to consider though are: Was your father an authorized user on the card? If so, is the debt they are trying to go after debt that was charged on your fathers card or mother's? The reason I ask this is the CC agreements say tha tthe Primary cardholder is liable for ALL charges (on all cards on the account), and the authorized users are liable for their charges but NOT the primary cardholder's charges. Also unless this is a very high amount I doubt the company would goto court over it (unless they already have?). Either way I dont see a lien hitting the property.
    a few seconds ago

    Other Answers

    • if your mom's name is on the deed to then they might try to do it and they may not even able to do it you can call legal aid lawyer and ask the for some advice and see what the state of new york debtor and creditor: an overview Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. There are three types of creditors. First are those who have a lien against a particular piece of property. This property (or proceeds from its sale) must be used to satisfy the debt to the lien-creditor before it can be used to satisfy debts to other creditors. A lien may arise through statute, agreement between the parties, or judicial proceedings. See, e.g., Secured Transactions and Mortgages. Secondly, a creditor may have a priority interest. A priority arises through statutory law. If a creditor has a priority his debt must be paid when the debtor becomes insolvent before other debts. For example, Congress has granted priority to debts owed the Federal government. See Federal Tax Lien Act. The final type of creditor is one who has neither a lien against the debtor's property or is the subject of a statutory priority. Non-bankruptcy debtor-creditor law arises mainly from state statutory and common law. Tort law, such as defamation, provides a means for state courts to limit private means of debt collection. States also regulate debt collection through statute. Congress has enacted the Fair Debt Collection Practices Act to regulate some debt collectors. Creditors use judicial and statutory processes to have debts satisfied. Attachment is a limited statutory remedy whereby a creditor has the property of a debtor seized to satisfy a debt. Garnishment allows a creditor to collect part of a debt (for example wages) to satisfy the obligation. Replevin allows a creditor to seize goods, such as a security interest, that he or she has a property interest in, to satisfy the debt. Receivership involves the appointing of a third party by a court to dispose of the debtor's property in order to satisfy the debt. Creditors commonly seek to create a lien on a debtor's property through a judicial process of lien creation, which is governed by state law. Once a lien has been created state statutory law governs how the lien is executed against the debtor's property. The sale of property subject to a lien to satisfy the debt is also governed by state statutory law. Federal and state statutes, and the Federal Consumer Credit Protection Act also limit the type of property that can be used to satisfy a debt. A debtor may attempt to fraudulently convey a piece of property to avoid having it seized. State laws seek to prevent this type of property transfer. Many states have adopted the Uniform Fraudulent Conveyances Act Bankruptcy is governed by federal statute which supersedes state debtor-creditor law in circumstances where it applies. See Bankruptcy

      by Grandpa - 21 hours ago

    • This is a tough one, as there are several factors at play. If he's listed as a joint account holder and/or they lived in a community property state, then yes he can be held liable for the debt. However they would have to sue him and win a judgement before they could put a lien on his house.

      by Crazyjester9 - 21 hours ago

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