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If an attorney is going to put a lien on your property because of a judgment from 9 years ago can you do a quick deed transfer to avoid the lien and still be able to sell the house?
Wiki User
∙ 18y ago
Yes, however, once the deed is transfered only the owner can sell the house. The owner will incure the taxes on the income therefore, having to keep the money, hence there being a paper trail. Therefore, you are screwed.
Wiki User
∙ 18y ago
Wiki User
∙ 7y agoThis might work as long as the deed of transfer is recorded before the lien is recorded. However, keep in mind that a transfer of real property done to avoid creditors can be undone by a judge. The creditor can petition the court to invalidate the deed and if the creditor can provide proof the judge will issue a court order that can be recorded in the land records. A lien recorded after the court order will be effective and must be paid off before the property can be mortgaged or sold.
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Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
If a judgment is granted to your divorce attorney because you did not pay legal fees can your wages be garnished?
It depends on the state... Probably. * Four US states do not allow garnishment if there is another option for the judgment holder to collect monies owed (bank account levy, seizure and liquidation of non exempt property, lien against real property). Those states are North and South Carolina, Texas and Pennsylvania. In all other US states a judgment holder can garnish wages. It would be quite simple for an attorney as they already have the necessary information to execute the judgment as a wage garnishment.
Who owns the property if there is a lien attached to it?
It can depend but in most cases just because there is a lien on property doesn't mean that the person holding the lien owns the property at least prior to default and foreclosure. There are exceptions, however, and that's where the "lien" is really a transfer of ownership -- there are some states where a mortgage is really a transfer of the property subject to later being transferred back, but you'd need to check in your state whether that's the case.AnswerThe owner of the fee in real estate owns the property subject to the lien until the lien holder takes the necessary steps to foreclose on the lien or size the property pursuant to a judgment.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.
Can an attorney notarize a power of attorney document as a notary if said attorney is to be the attorney in fact pursuant to that document?
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
Joint tenant moves out of property and refuses to pay half the mortgage. What action can the other joint tenant take to gain total ownership of the property in the state of California?
First they must consult with an attorney. The joint tenancy should be broken because if the tenant who has been paying the mortgage and expenses should die suddenly, the one who left would own the property automatically. The attorney can review the situation and discuss your options. Perhaps you could bring an equity complaint asking the court to order the transfer the non-payers interest in the property.
How do you see if a civil suit you won was paid?
You will know because you or your attorney (if you had one) will receive a payment from the party that lost (or their attorney) the case. If they don't pay, then you have to collect on your judgment, which is a whole another ball game. Good luck.
When a state condemns your property because you wouldn't sign the warranty deed to them because they are denying you access to back yard?
You should seek the advise of an attorney if the state condemns your property just because, you would not sign the warranty deed to them.
If you have an existing judgment lien which has been abstracted can the lien attach to property which you will buy in the future?
yes, because the majority of judgments and liens attach to the person, not necessarily the land; however the liens do attach to any land owned by the person ==Clarification== Not all jurisdictions recognize priority of recorded judgment liens as to after-acquired property. In Massachusetts recorded federal and state tax liens affect after-acquired property, judgment liens do not.
Can you put a lien on property that you have paid the back taxes on?
Absolutely. If you are sued and a judgment is rendered against you, a lien can be placed against your paid-off property. Because you have 100% equity in the property, your exemptions may not protect the property fully.
Can a creditor garnish your bank account in North Carolina?
It depends. Bank accounts can be seized, however, this is subject to limitation. Creditors must send out a Notice of Rights to the debtor which includes a Motion to Claim Exempt Property before they can execute on a judgment and seize a bank account. The debtor can claim the bank account as exempt if it contains less than a certain amount of property. Even if it is not claimed as exempt, wages in North Carolina earned within the past 60 days are not subject to execution, nor are certain federal benefits. Also, property of a spouse cannot be taken to satisfy a judgment against a defendant if the judgment is not also against the spouse. Still, creditors frequently seize first and ask questions later. Most people don't do anything about even an illegal seizure because they believe they cannot afford an attorney. The truth is that if the seizure is illegal, the law requires the creditors to return the money AND pay the debtor's attorney fees. If your bank account has been seized, contact an attorney to know your rights.
Can you place a lien against someone?
Not without due process of law, which means filing a lawsuit, winning, applying for a writ of judgment and executing the judgment as a lien against a vehicle. Assuming state laws allows it under the circumstances, it would also depend on the vehicle being owned or still under financing.
