Can a law office/creditors get the courts to place a lean on ones home if they dont pay their debt?

My father had gotten our home loan for my sister and I a few years ago. So his name is on the loan and his name is on the title (My sister and I's name is only on the title). Now he has some debt which the law offices/creditors have taken to court. We were planning on selling our home and moving somewhere else...Would the courts put a lean on our home because of my fathers debt to make us pay before we can sell?

To be honest, we cant pay what he owes simply because we cant afford it.

Thanks for any info, Ive been stressed over this for a while.Can a law office/creditors get the courts to place a lean on ones home if they dont pay their debt?
It is possible for creditors to get a court ordered judgment and at that point they can file liens on any property that your Father owns.



This will not prevent you from selling the house, but the lien will mean that after the first loan is paid off any remaining profit will be applied to the second lien holder to pay them.
not that i know of!Can a law office/creditors get the courts to place a lean on ones home if they dont pay their debt?
It depends on the state, but usually if they file a Judgment against your father, that lien will attach to the property as well.
If he is listed as a co-owner, yes they can get a lien. Once he got into financial difficulties you should have had him file a quit claim deed and turn over his interest to you.



However, if he is just the mortgagee they can't.Can a law office/creditors get the courts to place a lean on ones home if they dont pay their debt?
Yes it is possible for a creditor to put a lien on the property if he does not pay his debt.

You can sell the property but any money left after the mortgage is paid off will go to pay the lien.
The Lien(Not lean) will be the last thing the creditors will attempt to do. If your state allows it they will first go after garnishing of his wages. If he does not have a job or the state does not allow it they will attempt to attach his bank accounts, until the debt is paid. If he has no bank accounts they could then file to place a lien against the house.



If his name is on the title then the creditor MAY be able to place a lien on it. There are some states that do not allow a lien to be placed if it the title has multiple people but only one is named in the debt. This does vary by state so you should consult a lawyer in your area to ask them what could happen in your specific case. Most will give you a free short consultation.



If the worst case happens and they do place a lien against the house. It can still be sold but before the title is released the lien will need to be satisfied(paid) out of the profits of the house.