Can a lien be filed on our home for a broken lease in another state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a lien be filed on our home for a broken lease in another state?
My husband and I own a home out od state; we moved from there for his job. While living there we rented a home for a 1 year lease. After 6 months into the lease my husband lost his job and we moved back home. We broke our lease; we were just going through an individual and not a property management company. He says we now owe $1400 which is a bunch of ridculous fees, and that if we don’t pay he will have a lien put on our home we own here. Legally, can he do this?
Asked on May 29, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, he can potentially do this. To do so, he would first have to sue you and win (assuming that you did not sign anything giving him a security interest in your home or otherwise giving him the right to impose a lien without going through court), getting a judgment in his favor. If you then do not pay the judgment, one of the mechanisms a judgment creditor (the winning plaintiff) has for recovering the money due him is to have the courts put a lien on real property you own. The fact that he is in a different state makes things a bit slower, more complicated, and more costly for him, but does not prevent this: the courts of one state will respect and enforce the lawful judgments of the courts of another state.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.