Legal Question in Real Estate Law in Florida

Good evening -an unsecured creditor (credit card) placed a lien against my former home, titled in my son's and my name, which is now in foreclosure process. My son claims his counsel advises (a) debt now becomes secured and (b) unless satisfied, can prevent a potential short sale from going through. Is this valid? Almost sounds illogical; if valid why wouldn't every owner of an unsecured debt take steps to lien a piece of real property?

Thank you.


Asked on 7/11/11, 3:29 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

A credit card company does not and cannot just file a lien. The debt is not a lien until there is a lawsuit and a judgment, which is the basis for the lien.

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Answered on 7/11/11, 7:35 pm


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