Legal Question in Credit and Debt Law in Pennsylvania
i have a home loan with bank of america in just my name for a house. the house is in mine n my husband name. i have a credit card also with bank of america that i went bad on that was just in my name, can they foreclose on my house because of this bad credit card?
1 Answer from Attorneys
The house has nothing to do with credit card debt. If you and your husband own the house as husband and wife, then its called a "tenancy by the entireties." This is a special form of ownership of land only for husbands and wives - they are treated as a single marital unit. What this means in regard to debts is that the assets of the marital unit (you and your husband) are not available for the debts of just one spouse. So, you are not liable for your husband's debts solely in his name and he is not liable for your debts solely in your name. The exception is for debts in both of your names.
Also, while PA does not provide protection for the home, your home is mortgaged and most credit card companies, if they sue and get a judgment against you, will not make you sell your home. However, any judgment gives the creditor the right to levy on your bank account or otherwise try and collect. The judgment will act as a lien on your home and if you go to sell your home, then the creditor will try to grab your 1/2 of the equity up to the limits of the judgment.
Debts never go away. However, there is no reason to be worried or live in fear. You need to decide how you want to resolve your debts or if it even makes sense to resolve your debts. If you can't resolve your debt right now, will you be able to do so over time? If you want to discuss your options for resolving your debIs outside of bankruptcy, I give free email consults. I can also assist you with making yourself as judgment proof as possible or even in resolving your debt for a reasonable fee for a lot less than the balance of what you owe.
Let me see if I can help. Please contact me at [email protected] if interested.