Legal Question in Credit and Debt Law in Maryland

Lein against home for unpaid credit debt

I own a home and have several unpaid credit cards due to a divorce and loss of a higher paying job. Ive been unable to pay the credit cards and now have some judgements against me. I have tried debt counseling with no luck and do not have enough steady income to file bankruptcy.If I continue to not pay the bills can the credit card companies place leins against my home for the unpaid bills?


Asked on 4/22/05, 3:01 pm

3 Answers from Attorneys

Michelle Stawinski Bouland & Brush LLC

Re: Lein against home for unpaid credit debt

Leins may, in fact, already be attached to your property, especially if the judgments were obtained in a Circuit Court in Maryland or the District Court for the City of Baltimore. You should try to avoid that. You should also contact an attorney regarding your bankruptcy options because you may be eligible for a Chapter 13 or a Chapter 7 (provided you don't have more than a few thousand dollars in equity in your home). You should be prepared to discuss you finances in depth. Be sure to have all of your information collected before you meet with anyone because if you don't provide all of the information up front, you may start down the wrong path.

The other option is to contact each creditor individually and request that they afford you some accommodation before looking into a bankruptcy. However, if you are unable to make that work and you want to discuss your bankruptcy options, feel free to contact me or another experienced bankruptcy attorney.

Feel free to contact me

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Answered on 4/22/05, 4:47 pm
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: Lein against home for unpaid credit debt

Unfortunately, yes. If a creditor secures a judgment against you, the judgment can be recorded in the circuit court for the county in which you reside, and can then cause a lien to be placed on your home. You should avoid this at all costs. The main question I have is, how much equity do you have in your home? If you file a Chapter 7, you do not automatically lose your home. If you are current with your mortgage payments, and your equity is not significant, it can be possible to keep it. Also, you say you do not have steady "enough" income, but if you have some source of income you might qualify to do a Chapter 13. Don't give up so easily. If you want to discuss this further, feel free to contact me.

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Answered on 4/22/05, 3:10 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Lein against home for unpaid credit debt

They can file liens against your property upon attaining judgment. Then they can file for execution of judgment.

Changes in law over discharge of debt through bankruptcy are now occurring.

Other matters may apply. Contact an attorney should you require assistance.

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Answered on 4/22/05, 3:14 pm


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