real property lien
if i own real property jointly and a creditor gets judgement for a credit card debt owed, could they place a lien on the property. there is no equity in the property since it has dropped substantially in market value
Posted from: Ontario
If an unsecured creditor obtains a judgement, they have the ability to place a writ of enforcement (that is the name in Alberta, the name will vary depending where you are in the country, but the principle is the same) on that property regardless of whether there is equity or not. So the answer is yes, they can place their charge on the property and wait in hopes that the market value of the property rebounds or improves.