Thursday, 21 August 2014

in the state of minnesota, can credit card debt judgements be applied as leins against a persons primary home?

Question

in the state of minnesota, can credit card debt judgements be applied as leins against a persons primary home?



Answer

A credit card judgment would not "attach" to a homestead in Minnesota. The county records will show the lien, but the credit card company cannot take action to foreclose on the property. When, as, and if you need to sell, you will need to bring a "declaratory judgment" action to get a court ruling that the lien does not attach. There are rules about what will constitute your homestead -- basically, under 160 acres and less than $330,00 in equity.



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