Legal Question in Real Estate Law in Arkansas

My parents live in Arkansas. They have an outstanding credit card bill that a collection agency has taken over. High risk of you ask me. But they apparently have taken this to the county courts and have placed a lien on their 'real property.' They are both disabled, and the only income comes from disability and veterans checks. Can they actually kick them out of the house? Or what's going to happen to them?

I have filed with the courts, a 'declaration of homestead' but did this need to be filed before the lien was placed upon the home, or is it an automatic thing? I did the paperwork for them 9 business days after they received the lien letter. Thanks for any advice.

Asked on 2/06/12, 1:54 pm

1 Answer from Attorneys

Chad Oldham Oldham Law Firm, PLLC

You did a good thing. However, you may have to assist them in filing bankruptcy to forever avoid the lien. The lien may be asserted in probate at the time of a death or a prior sale.

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Answered on 4/11/12, 9:43 pm

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