Will your home be seized?
Believe it or not, most creditors are not interested in seizing your home. If they place a lien on your property because of the judgment on your student loan, they might have to pay a good amount of money just to take your property.
If it gets sold, the lender may not always get a sufficient return on their investment. Homes that get seized through a judgment do not sell at market value, which means that your creditor will not get a lot out of it. This is why most creditors are not really interested in seizing your home just to enforce a judgment on a debt.
Furthermore, a lien does not automatically mandate you to sell your property – you are not forced to do so. However, should you voluntarily sell the property or in this case, refinance it, you will have to pay your debt to your creditor out of the payment you received as a result of the transaction.
Second of all, seizure of property isn't something that most creditors will do because it is, quite simply, bad PR. They want to enforce their right to collect but at the same time, they don't want to be seen in a bad light. If you're still unsure about the whole thing, your lawyer can shed light on certain things, particularly about laws in your state.
What you should do
First, it's important that you see a lawyer regarding your situation. They can help guide you on what you can do regarding your credit and give you information on the steps your creditor could take should they choose to enforce your judgment. This should help you protect your property and whatever income you may be receiving at this time.
Second, you might want to discuss the steps you have to take regarding your application for a mortgage refinance. Your goal here is to negotiate as best as you can fair terms – the kind that will help you keep your home and set you back on your feet again.
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