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If I have a court judgement against me in NY, can the creditor foreclose on my home or take my car?

New York |

I pay my mortgage on time and all bills. However, I am in legal wranglings with an ex boyfriend and if he wins a judgement against me can he foreclose on my home or take my car? I have liens on both items totaling more than they are worth.

He would get nothing if they were sold...just the banks where I borrowed the money.

Attorney Answers 2


  1. If he wins the suit, the liens are for judgments on your assets. The banks have first rights to any recovery.
    Only the mortgage lender can foreclose on your home. Just because the bf is suing you does not mean he will win a money judgment.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Legal terms used in litigation………………………………………………………..


    New York City: A Guide to the Courts……………………………………..

    Commercial litigation .

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.


  2. In theory, a judgment creditor can take steps to sell real estate of a judgment debtor. If the property is your actual residence, it isn't easy to get court permission to do so, especially with little equity in the property.

    The judgment creditor can deliver a Property Execution to the local Sheriff or NYC Marshal to enforce against you. Your automobile is fair game for Sheriff levy and any sale would be subject to the lien of the car loan lender.