If my aunt owns a condo with no mortgage, can a debtor come after her property for defaulting on debt unrelated to the condo?

UPDATED: Nov 5, 2011

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If my aunt owns a condo with no mortgage, can a debtor come after her property for defaulting on debt unrelated to the condo?

My aunt is 59, unemployed, and unable to find work in the past 2 years,but owns her condo in full. She is defaulting on her debts, which are credit cards, and loans, unrelated to the condo itself. She is not owing taxes, or anything like that. Do homestead laws in WA protect her condo from forced sale? I have read much but still do not understand.

Asked on November 5, 2011 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your aunt has creditors against her, her home is subject to her state's homestead exemption where up to a certain amount of equity in the home is exempt from a judgment against her.

Possiby the creditors could bring an action against your aunt for monies owed, she could lose the lawsuit, have a judgment entered against her and a judgment recorded on her property as a lien.

Rather than having this happen and if she owes a set amount, she should consider entering into a monthly payment plan with her creditors to reduce her debt. Good luck.

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