Users' questions

Can credit card debt be attached to property?

Can credit card debt be attached to property?

Credit card debt, unlike mortgage debt, is unsecured debt. This means your credit card company can’t come immediately take your stuff — including your home or car — when you don’t pay. Once an unsecured creditor obtains a judgment, they can then attach your non-exempt property in satisfaction of past-due debts.

Can a credit card lien attach to a homestead?

Under Texas law, though, credit card judgment liens do not attach to homesteads. So, while the judgment is filed in the county, it does not actually attach to a homestead.

Can a homestead be foreclosed on in Texas?

Homesteads are foreclosed on regularly all over Texas. You have to ‘pay to stay’ when it comes to your mortgage lender, tax debts, and the IRS.

Can a credit card company take your home in Texas?

In Texas, a credit card company cannot take your home or place a lien against it if you claim it as a homestead. In Texas, the only time a homestead is subject to a lien is when the homeowner fails to make mortgage payments, owes ad valorem or federal income taxes, fails to pay a contractor…

How does the homestead exemption work in Texas?

In other words, you may exempt an unlimited amount of your home’s equity and other covered property under the Texas homestead exemption statute. Because the homestead exemption is unlimited, very few bankruptcy debtors face the forced sale of their home to pay general unsecured creditors in a bankruptcy case.

Under Texas law, though, credit card judgment liens do not attach to homesteads. So, while the judgment is filed in the county, it does not actually attach to a homestead.

Homesteads are foreclosed on regularly all over Texas. You have to ‘pay to stay’ when it comes to your mortgage lender, tax debts, and the IRS.

In Texas, a credit card company cannot take your home or place a lien against it if you claim it as a homestead. In Texas, the only time a homestead is subject to a lien is when the homeowner fails to make mortgage payments, owes ad valorem or federal income taxes, fails to pay a contractor…

In other words, you may exempt an unlimited amount of your home’s equity and other covered property under the Texas homestead exemption statute. Because the homestead exemption is unlimited, very few bankruptcy debtors face the forced sale of their home to pay general unsecured creditors in a bankruptcy case.

How do I get someone off the mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

Is it possible to walk away from your debt?

However, if you’re in over your head and looking at bankruptcy, walking away from your debts could make sense if you’re not morally opposed to it. It’s certainly not going to be any worse than bankruptcy. What Is a Good Credit Score?

What happens if you don’t pay your credit card debt?

If you don’t pay your credit card debt and a lawsuit is served and filed before you move overseas, it would move forward in your absence. “Typically in the United States, a lawsuit would be filed in the state or county where the debtor lives,” says William “Mike” Troglin, a Norcross, Ga.-based bankruptcy attorney.

What happens to unpaid credit card debt when you move abroad?

Last year, bank officials there estimated that as many as 2,500 customers left that country with unpaid credit card bills each month, starting over in a new place with a clean financial slate.

What happens to credit card debt after 90 days?

After a certain period of time, usually around 90 days, your credit card companies will do what is called a “charge off.” This is when they sell the debt to another, third-party company. In short, the debt is sold to a debt collector for pennies on the dollar.

What happens if you walk away from your mortgage debt?

Some homeowners who are underwater — meaning they owe more on the mortgage than the home’s current value — turn to “strategic defaults” in which they simply walk away from the debt.But financial experts warn the cost of skipping out on mortgage debt can be high.

Which is better walking away from your mortgage or foreclosure?

This is when you reach an agreement to sign the deed to your home over to the lender, often in exchange for getting out of the mortgage with no further obligations. The advantage over simply walking away is that a deed-in-lieu of foreclosure is often a shorter process than foreclosure. Also, it may hurt your credit score less.

Is it possible to walk away from an underwater mortgage?

Some homeowners who are underwater — meaning they owe more on the mortgage than the home’s current value — turn to “strategic defaults” in which they simply walk away from the debt.But financial experts warn the cost of skipping out on mortgage debt can be high. What is an underwater mortgage?

Can a young person walk away from their debt?

His suggestion that young people simply walk away from their debts was greeted by a chorus of boos. The peanut gallery seemed to think abandoning debt was the absolute worst thing a person could do — even putting aside questions of right and wrong and personal responsibility.