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Can a credit card company put a lien on my home and try to foreclose on it for not paying the balance

Asked about 3 years ago - South Salem, NY

i have a judgment against me in NYS from American Express. i own a property in South Carolina that has no bank mortgage but has a lien on it already from my employer who gave me a loan. Can American Express lien this property and foreclose on it? It is not my primary residence.

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Attorney answers (2)

Barry W. Rorex

Reputation Level 12

Answered almost 3 years ago. Foreclosure Attorney in Tucson, AZ.

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It is possible to have multiple liens encumbering a property. However, merely having a lien on the property does not give the lienor the right to initiate foreclosure. If you sell the property, that is when the liens will come into play. The order of lien priority is governed by state law. You should consult with an attorney to determine how the liens may be treated upon a sale.

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Stanley Duane Lockhart

Reputation Level 14

Answered about 3 years ago. Bankruptcy Attorney in Alameda, CA.

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If American Express finds out about the property, they can petition for a sister state judgment, writ of attachment and file in the county where the property is located in SC. They can not foreclose but the lien once recorded runs with the land until paid ususally when the property is sold or refinanced.

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