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Santander repo'd my husbands car which was completely in his name. The debt is 2 years delenquent. Can they repo our house?

Hardy, KY |

The house is in my name. I live in Kentucky. The car was not in my name nor was my name on any Santander documents.

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Attorney answers 1


When a creditor obtains a court judgment, they can only obtain the judgment in the name of the person that signed the contract. Based on what you have said, that would only be your husband.

Then the creditor needs to go looking for assets to take to pay the judgment. They have to find an asset in the name of the person that is the same as their judgment, and cannot add on a spouse's name, a parent's name, etc. As to real estate, they can record their judgment creating a lien against any real estate the person named in the judgment owns.

Finally, each state has laws that protect the home from creditors, called a homestead exemption, and I am posting a link to a description of these laws for all 50 states.

Hope this perspective helps!

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