Is there any law that can protect a spouse when husband went missing and a creditor is trying to seize real property?

Asked about 2 years ago - Las Vegas, NV

my husband ( mexican citizen) went missing in october 2011 in Mexico, family things he is been kidnaped. In january 2012 a creditor succeed to get a default judgement in London( since husband had personal bank accounts with one of the Uk banks) and eventually the foreign judgement has been recognized in the US. and now they are trying to execute on the real property located in the US. What is the law regarding the spouse rights in the US with a missing spouse and a foreign judgement ? How can I stop them from taking my home which is paid off?

Attorney answers (3)

  1. William C. Devine II

    Contributor Level 13

    Answered . Is your name on the title of the property as well? If so, then file a homestead declaration which, in Nevada, blocks creditors from forcing a foreclosure of real property if the equity in the house is less than $550k. If your house is worth more than $550k, and it's paid off, then they can foreclose, sell it, and give you $550k out of the proceeds.
    If your name is not on the title, then the answer to your question is to hire an attorney to assist you in defending this.

    Regards,
    William Devine, II
    Rainey Devine, Attorneys at Law

    I am an attorney, just not your attorney (yet). Any answers here are to be deemed informational unless and until... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Whenever there is a foreign judgment, it must be registered in the state where the assets are located in order to be collected. Although the challenges to the judgment are limited, there are defenses that may be available to challenge the judgment. If you do nothing, the judgment will become valid.

    This leaves you with protection provided by state laws called exemptions and I am posting a link to a description of these exemptions. To claim a homestead exemption, you must live on the property and file a declaration of homestead with the county recorder.

    If you have not retained an attorney, you are going to pay dearly. Hope this perspective helps!

  3. Rodney K. Okano

    Contributor Level 8

    Answered . If this is your home, make sure it isnhomesteaded.

    You should really consider hiring a qualified attorney to help you, at least have a consultation.

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