by Anonymous on July 30th, 2009

Anonymous

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When being sued in a civil law suit if case is ruled infavor of the plaintiff can the plaintiff go after your home?

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Answers. 3 helpful answers below.

  • They can try to go after what is needed to get money, but it is really tough to get someone's home.

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  • by joesephdoakes on May 28th, 2011

    joesephdoakes

    Unless the plaintiff is someone like a mortgage holder on your home, the answer is almost always that a person's homestead is exempt from execution. No, they can't.

  • by OhLook - IamNoLongerAnonymous on July 30th, 2009

    OhLook - IamNoLongerAnonymous

    Yes, but with one limitation. Most states have a homestead exemption that protects a certain amount of equity in your property against a judgment. Moreover, in order to foreclose on the property, the foreclosure must cover a significant portion of the judgment. Thus, unless you own your home, there will often be too little equity ton allow foreclosure.

    For example, suppose you have a home valued at $500,000, with $160,000 of equity in the home. Suppose I have a judgment of $10,000 against you. Now suppose that the homestead exemption in your state is $150,000. In this case I can foreclose on your house because after deducting the homestead exemption, the equity would completely pay off my judgment. Of course, if you were smart, you would simply pull a loan against your equity and pay off my judgment.

    No suppose that my judgment is for $100,000. In this case I could not foreclose. Even though you have enough equity to cover the judgment, $150,000 is protected. However, I could file a lien against your property, and collect once you sell the property.

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