Legal Question in Credit and Debt Law in North Carolina

I am confused. If there is a judgment against you, why is there a lien against your son's house? Do you also own the house? If your name is on the deed, then the lien is proper. It does not matter whose name is on the mortgage - that does not relate to ownership of the property. If your name is not on the deed, then there cannot be a lien on the house and the lien has to be removed.

You ask if you can get your name off the title to the home. Not now. If you just do a new deed, then it will be a fraudulent conveyance. You would have to sell your share of the home to your son for fair market value. Without knowing the value of the property, the loan balance and the value of your share, I don't know whether it is feasible for you to sell it or whether you would be able to exempt it in bankruptcy or not.

Your post illustrates a key point. Never ignore a lawsuit. Lawsuits lead to judgments and judgments have consequences.

The question is not whether there is a lien, but what you want to do about the judgment? When was the judgment entered? What is it for? How do you and your son own the real property, as joint tenants with right of survivorship or tenants in common (look at your deed - if it does not specifcally say as joint tenants with a right of survivorship, then its a tenancy in common). What other assets and income do you have?

It makes a difference in knowing what the creditor can and cannot do to you.

If you want to discuss this in confidence, I give free email consults. Please contact me at [email protected]. Depending on your circumstances and how the property is owned, you do have some options..