Legal Question in Real Estate Law in Illinois

car repo

I have a car loan that I am upside down on. I purchased car before marriage, can they go after my husband if repo'd? Can they put lien on my home?


Asked on 5/16/08, 9:24 am

1 Answer from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: car repo

I don't believe they can go after your husband, but since this is a personal property question, I'm not too expert in it. Perhaps a bankruptcy attorney can answer that question for sure. Contact my office if you'd like a referral for one.

As far as the lien, if they get a judgment against you they could put a lien on the house in the form of a "memorandum of judgment". To protect against this, you and your husband should be on title as "tenants by the entirety". This would prevent a judgment against one of you from being enforced against the house both of you own since they can't sever that tenancy.

If you are not currently on title as tenants by the entirety, you can quitclaim into it. I would be happy to discuss that procedure with you if you'd like to contact my office for a free telephone consultation. Good luck!

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Answered on 5/19/08, 11:06 am


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