Lein on property - Posted by angela

Posted by stu on January 07, 2005 at 18:06:12:

A judgment does not automatically attach to a property. There are certain stipulations that must be met in order for it to attach (I’m in Florida but I believe those rules apply all over). You should talk to a real estate attorney to find out exactly what the real situation is. DO NOT take the title company’s word.

Lein on property - Posted by angela

Posted by angela on January 05, 2005 at 11:43:18:

My husband and I are trying to refinance our home. The title company has informed us there is a judgement against my husband. The judgement is for a credit card which is not related to the homestead. We are now required to pay off the judgement in order to close. Why would the judgement be an issue related to the property?

Re: Lein on property - Posted by eric

Posted by eric on January 05, 2005 at 16:35:27:

A judgment can be recorded in any county where you have property. When that happens, it becomes a lien against any property you have in that county. When you attempt to sell, or in this case just refinance, this judgment will need to be satisfied before a lender will fund any loan.

Just pay the judgment off. It is not going to go away (unless the judgment creditor does not renew it prior to expiration). The longer it sits, the more it will cost to satisfy (i.e. interest, attorney’s fees incurred in collection, etc.)