Can a judge freeze assets of a spouse's bank account that is not a joint acct in Nevada.

Asked over 2 years ago - Reno, NV

My husband was involved in the selling of his home in the state of Nevada. The lender could possibly get a court order to seize his funds, as the home was sold fraudelently. The lender didnt follow truth and lending laws, and was never paid off. The borrower, husband, who owed the note, was not aware of the fraud when the home was sold as a short sale. He just wanted out of the forclosure. The home is still showing as not paid off, although it has been sold already to a new buyer. It apparently went through escrow. The lender could come after borrower, as he owed on the note , sole & separate.Could a judge freeze assets in spouse's bank account that is sole and seperate, because Nevada is a community property state. The spouse was never on the Deed of Sale or involved in the transaction

Attorney answers (2)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You have stated a lot of "red herring" information without providing any meaningful facts. You may wish to meet with an attorney in person to clear up a lot of your confusion.

    In spite of the fact that Nevada is a community property state, creditors can only collect debts from people whose names are on an account. Medical debts & debts for other necessities are the one exception to this rule.

    Creditors collect by suing to obtain a court judgment. Except for the IRS & debt you owe to your own bank, most other creditors cannot freeze your bank account without a court order.

    If a bank account is in joint names, a judgment creditor of either party can freeze the account & ultimately take 100% the money in the account. So I would suggest that you not have any joint bank accounts with your husband until this matter is resolved.

    Hope this perspective helps!

  2. Tazewell T Shepard III

    Contributor Level 12

    1

    Lawyer agrees

    Answered . If your husband was involved in a short sale of his former residence, he should have gotten an agreement from the lien holders to accept the sale in total satisfaction of the lien debts. Otherwise, it is not a true "short sale". You need to get more facts before you can decide what to do next.

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