Can a Debtor Put a Lien on My House if Only My Wife's Name is on the Deed?
Full Question:
Answer:
A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." If the judgment remains unpaid, the judgment debtor may request that the court place a lien on the judgment debtor's property, such as bank accounts or real property owned, to secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.
To create a valid lien, it is essential that the party claiming a lien should have the absolute property or ownership of the thing or, at least, a right to vest it; that the party claiming the lien should have an actual or constructive, possession, with the assent of the party against whom the claim is made; that the lien should arise upon an agreement, express or implied and not be for a limited or specific purpose that contradicts the express terms or the clear, intent of the contract. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full. Liens can generally be removed by the payment of the amount owed. This payment can occur at any time up to and including the stage at which the closing documents for the sale of the property are signed.
A judgment lien is not valid against property the judgnent debtor has no ownership interest in. A wrongful lien may be voided by the filing party filing a release of lien with the county recorder's office where the lien was filed. If the filing party refuses to voluntarily release the lien, they might be reminded they could be liable for costs and attorney fees if a court order to release the lien needs to be petitioned for.
Please see the following KS statute:
60-2202. Judgment liens.
(a) Any judgment rendered in this state by a court of the United States
or by a district court of this state in an action commenced under chapter
60 of the Kansas Statutes Annotated shall be a lien on the real estate of
the judgment debtor within the county in which judgment is rendered.
Except as provided in subsection (c), the lien shall be effective from
the time at which the petition stating the claim against the judgment
debtor was filed but not to exceed four months prior to the entry of the
judgment. An attested copy of the journal entry of the judgment, together
with a statement of the costs taxed against the judgment debtor in the
case, may be filed in the office of the clerk of the district court of
any other county upon payment of the fee prescribed by K.S.A. 28-170 and
amendments thereto, and the judgment shall become a lien on the real
estate of the debtor within that county from the date of filing the
copy. The clerk shall enter the judgment on the appearance docket and
index it in the same manner as if rendered in the court in which the
clerk serves. Executions shall be issued only from the court in which the
judgment is rendered.
(b) Any judgment rendered by a district court of this state in an action
commenced under the code of civil procedure for limited actions shall
become a lien on the real property of the judgment debtor when the party in
whose favor the judgment was rendered pays the fee prescribed by K.S.A.
28-170 and amendments thereto and the clerk of the district court enters
the judgment in the appearance docket. The lien shall become a lien only
upon the debtor's real property that is located in the county in which the
filing is made, but a filing may be made in any county in which real
property of the judgment debtor is located. Upon the filing of a journal
entry of judgment and payment of the fee as provided in this section, the
clerk of the district court shall enter it in the appearance docket. The
lien shall cease to be a lien on the real property of the judgment debtor
at the time provided in article 24 of this chapter.
(c) Notwithstanding the foregoing provisions of this section, the filing
of a petition or other pleadings against an employee of the state or a
municipality which alleges a negligent or wrongful act or omission of the
employee while acting within the scope of the employee's employment shall
create no lien rights as against the property of the employee prior to
judgment, regardless of whether or not it is alleged in the alternative
that the employee was acting outside the scope of the employee's
employment. A judgment against an employee shall become a lien upon the
employee's property when the judgment is rendered only if it is found that
(1) the employee's negligent or wrongful act or omission occurred when the
employee was acting outside the scope of the employee's employment or (2)
the employee's conduct which gave rise to the judgment was because of
actual fraud or actual malice of the employee; in those cases the lien
shall not be effective prior to the date judgment is rendered. As used in
this subsection, "employee" has the meaning provided by K.S.A. 75-6102 and
amendments thereto.
(d) If unpaid arrearages accrued under a support order rendered in
another state give rise to a lien on real property in the state where
rendered, such arrearages shall become a lien on the real property of the
obligor as of the date the clerk of the court in this state enters the
order in the appearance docket. The clerk of the court shall enter the
order in the appearance docket upon receiving payment of the fee prescribed
by K.S.A. 28-170 and amendments thereto; a sworn statement that the obligor
was provided at least 30 days' prior written notice that the lien would be
filed in this state, that the obligor was provided an opportunity for
hearing concerning the proposed filing and that no hearing was timely
requested or the decision therein allows the lien to be filed; a sworn
statement of the amount of the lien; and a legible copy of the support
order or, in a title IV-D case, a notice of lien that describes the support
order. The lien shall become a lien only upon the obligor's real property
that is located in the county in which the filing is made, but a filing may
be made in any county in which real property of the obligor is located. The
lien shall cease to be a lien on the real property of the obligor at the
time provided in article 24 of this chapter. As used in this section,
"title IV-D case" means a case being administered pursuant to part D of
title IV of the federal social security act (42 U.S.C. § 651 et seq.) and
amendments thereto. Any person filing the documents required by this
subsection shall be deemed to have submitted to the jurisdiction of the
courts of this state with respect to any action in this state to determine
the validity of the lien or the lien's attachment to any real property.
(e) A person named as the debtor in a notice of lien filed pursuant to
subsection (d) based upon a support order issued in another state, or a
person whose interest in real estate is affected by the filing of such a
notice of lien may file a petition pursuant to chapter 60 of the Kansas
Statutes Annotated, and amendments thereto, with the district court where
the notice of lien was filed. The petitioner shall notify the person who
filed the notice of lien that a hearing to contest the validity of the lien
or the lien's attachment to the petitioner's property will be held no less
than 30 days after the date of mailing or personal service of the notice.
