Legal Question in Real Estate Law in Utah
can a lein be placed on my home if i am not on the deed but am still responsible for the mortgage and i am in default on a credit card in the state of utah?
Asked on 1/09/10, 2:33 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
A lien can be placed on your home (if you are on title) only if you grant the lien by a writing witnessed by a notary or the creditor obtains a judgment against you. If the collection agency is threatening a lien to force you to pay they are breaking the law. A collection agency can only threaten what they can do - and without a judgment there cannot be a lien. Send the collection agency a letter that demands that they do not contact you except in writing.
Answered on 1/14/10, 4:12 pm