Legal Question in Credit and Debt Law in Illinois
they put a lien on our home from me the wife but the house is not in my name. the lien is mine and has nothing to do with my husband or the house we live in. i am not on the mortage, please advise.
Asked on 3/25/10, 3:39 pm
1 Answer from Attorneys
Thomas Moens
Moens Law Offices, Chartered
Whether or not you signed the mortgage is irrelevant. What matters is if you are in title to the property. If not, then no lien should attach to the property. If you are in title, then if a judgment creditor files a memorandum of judgment in the recorder's office, that lien would attach to any real estate in which you have an interest. Also, if you hired work to be done at the property, a mechanic's lien could possible attach. More information would be need to determine whether there is a valid lien against the real estate.
Answered on 3/31/10, 6:24 am