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Can I place a lien on my son's house after he files for bankruptcy?

Can I place a lien on my son's house after he files for bankruptcy?

Full question:

I have sold my house in Ohio to my son. He owes me $40,000. I want to put a lein on the house. He is getting a divorce and has filed for Bankruptcy. I am 78 years old I do not need this kind of mess.

Category: Real Property
Subcategory: Liens
Date: 04/07/2025
State: National

Answer:

When someone files for bankruptcy, an automatic stay is put in place. This means that creditors cannot take collection actions, including filing a lien, after the bankruptcy is filed. If you have a claim against your son's bankruptcy estate, you may request the bankruptcy judge for relief from the automatic stay if you can show good cause for not being included in the stay's requirements.

Additionally, creditors sometimes allow debtors to reaffirm a debt, meaning the debtor agrees to continue paying it even though it could be discharged in bankruptcy. However, reaffirming a debt does not improve the debtor's credit rating and leaves them with a non-dischargeable obligation, which can defeat the purpose of seeking bankruptcy relief.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What personal property can be seized in a judgement in Ohio?

In Ohio, personal property that can be seized under a judgment includes items like vehicles, bank accounts, and valuable personal belongings. However, certain exemptions apply, such as necessary clothing, household goods, and tools used for work. The specific items that can be seized depend on the nature of the debt and the judgment obtained. It's important to consult with a legal professional to understand what can be claimed in your specific situation.

Who can put a lien on your house in Ohio?

In Ohio, a lien can be placed on your house by creditors who have obtained a judgment against you. This includes lenders, contractors, or anyone who has provided services or goods and has not been paid. To legally establish a lien, the creditor must follow the proper legal procedures, including filing the lien with the county recorder's office.

Can a judgement lien be placed on jointly owned property in Ohio?

Yes, in Ohio, a judgment lien can be placed on jointly owned property. However, the lien typically only affects the debtor's interest in the property. This means that if one owner owes a debt, the lien may not impact the other owner's rights unless they are also liable for the debt. It's advisable to consult with a legal expert for guidance in these situations.

What property is exempt from creditors in Ohio?

In Ohio, certain property is exempt from creditors, including a primary residence, necessary clothing, household goods, and tools of the trade. Additionally, retirement accounts and certain insurance benefits may also be protected. The specific exemptions can vary, so it's important to review them with a legal professional to understand what applies to your situation.

Can someone put a lien on my house without a contract?

Generally, a lien cannot be placed on your house in Ohio without a legal basis, such as a contract or a judgment. Creditors typically need to obtain a judgment in court to establish a lien. However, certain statutory liens, like those for unpaid property taxes, can be placed without a contract. It's best to consult with a lawyer to clarify your specific circumstances.