Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

How long does a lien take to get?

Posted on Friday, April 18, 2008

Question: Hello, I am currently in pretty serious financial trouble. To make my question quick, basically I lost a fortune on my home in a short time due to injury and divorce. I have sold the home and also purchased another (my home is co owned by my father, both the one I sold and purchased) and the deal is supposed to close soon. All I have done is transfer the equity.

One of my creditors has just told me they intend to lien my home. How long does this process take? I am afraid of jeapordizing the deal to sell my home.

Regards,
Josh

Answer: If you owe money to a creditor (say a credit card or bank), to place a lien on your home they must first take you to court, sue you, obtain a judgement, and then enforce that judgement by placing a lien on your home. In most cases that process takes a few months. In Ontario, to sue someone you must give them 21 days notice, so with court delays the entire process usually takes a few months.

However, sometimes actions move quicker than aniticipated, so you should consult a lawyer or bankruptcy trustee for further advice on dealing with your financial situation.

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