Legal Question in Real Estate Law in Missouri

real estate

In missouri, if my mother has a lot of credit cards that she cannot pay, can they sue and take her house that has a small 2nd mortgage on it.


Asked on 7/11/09, 1:19 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: real estate

A creditor could sue your mother and potentially obtain a money judgment against her. if the judgment is in the circuit court or is transcribed to the circuit coourt from the associate circuit court, then the judgment acts as a lien against the real estate. If the creditor wants to seek collection on the judgment, then it is possible, but not likely, that the creditor will pursue an execution on the property. If your mother is being sued, she should have an attorney. In many of these cases we can save our client much more money than they spend on attorney's fees, and hopefully an attorney would be able to protect your mother's home.

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Answered on 7/12/09, 6:46 pm


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