If the buyer has a judgement recorded against his existing property, he will not be ableto sell it w/o paying it off.
If you’re concerned about your property and the lien, the deed and mortgage will record 1st conveying ownership, then the judgement creditor could record.
I have a buyer who has judgement against him. If I sell him my property, carry the mortgage and record the lien, will my mortgage lien be 1st or 2nd to his already existing J ?
Posted by Natalie Smith on December 27, 2004 at 08:57:05:
Keith,
I’m not an attorney, so you might want to check with a local title company. I’ve heard that judgements attach immediately when buying property. If this is true, then his judgement would come before your mortgage. Can any of the attorneys validate this?