I understand now that a lien can be placed on your homestead but if it is for crdt card debt and that person dies is it still collectable. I live in Florida if I have a judgement against me for crdt card debt and I die will my husband have to pay if he sells the house
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Read More Answered By: Peter Gonzalez |
How is title to the property held? Tenancy by the Entireties? Joint Tenancy with Rights of Survivorship? If you are the only judgment debtor under a final judgment and you die before the judgment is satisfied, then the judgment creditor would have to attempt to collect from your estate, assuming your estate ends up with any assets. If the homestead property automatically becomes only your husband's property upon your death, then any lien recorded against the property that relates to a judgment against you only may not be enforceable against the real property after your demise. Of course, without reviewing all of the facts and pertinent documentations, including the deed to your homestead and the papers in the lawsuit filed by the credit card company, I cannot provide you with a complete, meaningful answer that you can rely upon. Moreover, this post is for informational purposes only and does not constitute legal advice or a legal opinion since the same can only be provided after engaging my firm and me pursuant to a written engagement agreement signed by me and the payment of a required initial retainer. I hope the general information provided above is helpful to you. |
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