Attachment

The process by which real or personal property of a party to a lawsuit is seized and retained in the custody of the court for the purpose of acquiring jurisdiction over the property, to compel an appearance before the court, or to furnish security for a debt or costs arising out of the litigation. An attachment is a legal process that allows a court to place a claim or hold on a person’s property to help secure payment of a debt or satisfy a judgment. An attachment may occur when a creditor files a lawsuit and asks the court to prevent the property owner from selling or transferring the property before the case is resolved, ensuring there will be assets available if the creditor wins. Because an attachment can affect title and limit a property owner’s ability to sell or refinance, it is often discovered during a title search and typically must be resolved or released before a real estate transaction can close.