HCLegal : Hello and thank you for your question here on Just Answer.
HCLegal : The only way a credit card company can put a lien on your property is if they sue you can get a judgment against you.
HCLegal : In bankrutpcy the real is if your house is going to be exempt, not whether if the creditors can put a lien.
HCLegal : How much is your house worth?
HCLegal : The real issue...sorry autocorrect on my iPad has a mind of its own sometimes.
Customer: $100,000 and the house is clear. There are no liens against the house..no mortgages. So is the house exempt?
HCLegal : Are you single or married?
Customer: Married with two children under 8.
HCLegal : Here is the exemption amounts for homesteads in California.....Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & gross annual income under $15,000 or married & gross annual income under $20,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
HCLegal : So if you are under 65 your exemption would be $100,000
HCLegal : So if your home is worth $100,000 it would be completely exempt and you would be able to discharge all of your credit card debt and keep your house free and clear.
HCLegal : Please let me know if you have any other questions regarding this matter.
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