How I can remove that lien from my property?
This could be a violation. Contact our offices immediately for a free consultation on your righta 858 900 7342.
Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 619-233-7770, through one of the evaluation forms on this site or at firstname.lastname@example.org
I agree with the other attorney's answer, you should contact a local attorney immediately.
Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please take it as a general response from my own experience in response to your question. I hope you find it helpful.
It's surely illegal to record a lien on property for someone else's debt. Since judges have to approve real estate attachments in most places (maybe not California, though -- I don't know), the credit must have lied to the court in order to get the attachment approved. Definitely consult a California consumer attorney as soon as possible.
More information is needed here.
What makes you believe the lien is attached to your property?
If the judgment against your wife was recorded in the county where your property is located, it would only become a lien on your property if your wife's name was on it as well.
The lien can be avoided in a BK but more info is needed to decide who should file.
California is a Community Property state. Both spouses are liable for the debts of each other. Even if only your name is on the property, it is possible your wife nonetheless has a community property interest in the property, especially if you purchased the property during the marriage. If that point was raised by the creditor in obtaining the judgment against your wife, it is possible the judgment states it is enforceable against any property she may own or any property she has an interest in (such as the community property interest in "your" property). You should start by carefully reading the judgment the creditor got against your wife and also the Abstract of Judgment that would have been recorded against your property. Even if it says it extends to community property, if you can prove the property in question is solely your separate property and is not community property (such as for property that was solely your separate property before marriage, or property that you obtain through inheritance, or any number of other reasons), then you may be able to file a motion in the court that issued the judgment, seeking removal of the lien on those grounds. You should consult with a local civil litigation or family law attorney to discuss these issues and see if there is any basis for removing the lien.
3 lawyers agree