Legal Question in Real Estate Law in Florida

Lien against our home

Wondering if because our adult son (45) used our home address, he does not live with us, if he used our address and a credit card company traced him to our home to collect owed monies, could the lawyers for the credit card put a lien on our property. The property is in my husbands and my name, my son has no attachment to the home except for him using this as a mailing address. I am so worried about this. Thank you for being there.


Asked on 3/12/07, 10:58 am

4 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Lien against our home

Please stop worrying. As long as this is your homestead, nothing you mentioned would cause anyone to have a lien against your home. The only ones who could have a lien against your homestead would be the IRS or the Tax Collector if you fail to pay your taxes, your mortgage company (or anyone whom you voluntarily in writing give a lien), and someone who performs work on your home and is not paid. Even if a credit card company or doctor or hospital,etc., were to sue you and/or your son, and obtain a judgment, they cannot come after your homestead, and the judgment would not be a lien on your homestead.

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Answered on 3/12/07, 11:11 am
Michael Stewart Michael D. Stewart

Re: Lien against our home

No, they can't.

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Answered on 3/12/07, 12:05 pm
David Slater David P. Slater, Esq.

Re: Lien against our home

Since you are not responsible for the debt, they cannot obtain a judgment against you.

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Answered on 3/12/07, 12:17 pm
Joel Bello Joel Bello, P.A.

Re: Lien against our home

Base on the facts as you layed them out, the credit card company cannot put a lien on your home.

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Answered on 3/13/07, 5:35 pm


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