Question

Is it legal for a credit card company to put a lien on your house?

I am not irresponsible. I charged up about $11,000 on a bank of america card in an effort to save my cat's life. He was attacked by a dog and was my son (i don't have human kids) for 12 years. Anyway, I was 2 days late on a payment and they bumped my interest rate to 31%. I couldn't afford the payments. I hired a debt reduction company but B of A continues to call me and says they refuse to work with them. They threatened to garnish my wages and take my house. They claim I used my house as collateral when I got the card, but that is an outright lie. I don't care about my credit score right now. I just want to get out of debt. Also, they are now saying I owe $22,000 rather than the $11,000 I charged. Any advice??? Can they take my house or wages?????
Thank you all so much. It was just a regular credit card offer I got in the mail for 0% interest the first 12 months. It is in no way tied to my house. The woman that told me that said she didn't care about anything except getting their money and hung up on me when I asked to talk to her supervisor.
I am trying to get it taken care of but it is difficult because they are refusing to work with me or the company I hired to help me.

6 years ago - 8 answers

Best Answer

Chosen by Asker

As long as it is not a home equity line of credit, which is sounds as if it is clearly not....then all they can do is sue you and it usually takes them a long time to get to that point...they'll harass you for a few years before they resort to a lawsuit because it's expensive.

If they do issue a lawsuit, you can fight them in court and ask them to prove their charges which as you have experienced are generally inaccurate and inflated above what you actually owe.

You can read more about credit card debt lawsuits and how to fight them at www.ihavebeenserved.info

Source(s):

6 years ago

Other Answers

I can't believe they are making up that lie about taking away your house. Out right lie.
By any chance is your home also mortgaged through Bank of america? Could it be that you have a HELOC through that credit card?

by Judy - 6 years ago

Is your card a Home Equity Line of Credit - Credit card? If so, yes they can. Will they? It will cost them too much. Call someone at the bank and have a nice little talk. Honey always attracts bees. Be as sweet about your hardship as you can.

Record those phone calls if it is not; cause those are threats and illegal.

by Jenni - 6 years ago

the only way is if this was a home equity loan and you were given a credit card to use with it. Now most states have limits on how high that rate can go as it is tied to prime rate. Most cap out at 18% in HELOC's. Now just a regular credit card they will have to get a default judgment in court before they can place a lien on your home or garnish your wages

by golferwhoworks - 6 years ago

It is possible if the Credit Card is actually a Home Equity Line of Credit(HELOC). In that case they can not only place a lien on your house but foreclose on it. However, since a HELOC is lower priority than your regular mortgage they generally won't attempt foreclosure because the first mortgage has to be settled first.

However, if it is not tied to a HELOC then it still is possible for them to garnish your wages or place a lien. For this they must first file suit and get a judgment against you. Then depending on the state they could garnish your wages, attach your bank accounts, or place a lien on your house.

by OC1999 - 6 years ago

not without due process( that is a court of law) they will threaten you with everything ,it's all bull. see if you can transfer the balance to another lower interest card. dump the debt reduction company they are not going to help you ,and they might hurt your credit more than a late payment will...question how did they double what you owe ?....11,000 for a cat , and 12 yrs old already,? he is 1 foot till he's compost anyway.wow, lots of cheap cats (free)out there,couldn't you have found a replacement.

by tholeeder - 6 years ago

Unless your credit card is tied into your house by means of a home equity line of credit or the like, a credit card company can’t just put a lien on your home if you owe them money.

If you fail to pay the debt you owe the credit card company, it can sue you for the amount that is due. If the company obtains a judgment against you, it can place a lien on interest in your home.

They would have to wait for you to sell before they can do anything else. Most of the time, they will seek a wage garnishment instead, unless your state is one of the few that prohibits wage garnishment.

Now as to them (Bank of America) accepting a payoff as negotiated by that debt reduction company, sorry to say, but the CC Co is under no legal obligation to accept or even deal with them. And before someone starts spouting your rights under the FDCPA, you must be aware that the CC Co and it's in house lawyers DO NOT come under the FDCPA guidelines. Only third party collection companies or attorneys hired by the CC Co would have to follow those rules.

Perhaps that credit repair company should be replaced. Here is a link for you to research and make sure they (the credit repair company) are following the federal guidlines in representing you, if they are not doing so, you can sue them!!!

www.access.gpo.gov/uscode/title15/c...

Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice

Source(s)

by Sgt Big Red - 6 years ago

You can try follow this link. And find what you need.

Source(s)

by Many G - 6 years ago