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Property lien on joint property?


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I have a charged-off MBNA cc that ACB American is now trying to collect on. The amount is around $7800. They are threatening to put a lien on joint property I own with my husband (our house). The credit card is in my name only, he's not on it. I live in OK, a non-community property state.

They are still calling and trying to collect money on this account, but continue to tell me they have 'verified' my property and will 'refer it to their legal dept.' I haven't been served or received any other correspondence in the mail about this.

If they are able to put a lien on our property, how long does it take? We're thinking of buying a house after the 1st of the year - in DH's name only of course.

Thanks!

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They've committed several violations of the FDCPA by calling & not identifying who they are, no mini-miranda, and threatening to put a lien on my property when they aren't even lawyers.

I'm just not knowledgable enough to know what to do to when a collector violates the FDCPA. Can I countersue them for those actions if they sue me?

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After thinking about the quitclaim deal, I decided it would be best not to rush out and do it. I hope DH doesn't kick me out, but yes, stranger things have happened. He will be 50 next year and might get crazy! :twisted:

The SOL on this loan has a couple more years to go. When will it be too late to do a quitclaim? When I get a letter from a lawyer saying I'm going to be sued? How long does it take for a quitclaim to be binding?

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When transfering property in an attempt to protect it form creditors, you must be aware of the concept of "fraudulent conveyance". You must file a quitclaim,(or whatever action you decide to take) before legal proceedings occur. If you wait until you are sued, the creditor could claim the transfer was only to hide assets and had no material purpose. The courts could force the property to be turned over to the creditor, or a lien attached etc. I have no idea how savvy or determined a creditor would have to be to do it, I just know that it is a legal possibility. You may want to consult a lawyer in your state to advise you.

Anyone thinking of "rearranging" assets may want to check out the book,

"Asset Protection" by Arnold S. Goldstein. The guy is an attorney specializing in assets protection and taxation. The info is straight forward and easy to understand. It's around $15. A great overview of asset protection strategies that are legal and work.

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