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Yes, a property can still be sold even if an heir has a judgment against them, but the judgment may create complications. The judgment could result in a lien on the property, which must be addressed before or during the sale process. It's advisable to consult with a legal professional to understand the implications and ensure that all debts are settled appropriately to avoid potential issues with the sale.
What else can I help you with?
Can a judgment affect sale of house?
Yes, a judgment can affect the sale of a house. If a property owner has a judgment against them, it may result in a lien being placed on the property, making it difficult to sell until the judgment is resolved. Potential buyers may be deterred by the encumbrance or may require the seller to clear the judgment before completing the sale. Additionally, unresolved judgments can impact the seller's creditworthiness and ability to obtain financing for the sale.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
Can a judgment force the sale of a house?
Yes, a judgment can lead to the forced sale of a house if the homeowner fails to pay a debt that the judgment pertains to. If a creditor obtains a judgment against a debtor, they may file a lien against the property, which can ultimately result in a foreclosure or forced sale if the debt remains unpaid. However, this process typically involves legal proceedings and may vary by jurisdiction. Homeowners may have options to contest or negotiate the sale depending on their circumstances.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
What is a judgment?
It is a court order against the debtor to pay the creditor what is due. The judgment can be satisfied in several ways, wage garnishment is the usual one. Levy against bank accounts. Liens against property. The liquidation of non-exempt assets. And sometimes (rarely a homestead) the forced sale of property on which a lien has been placed.
What is a sheriffs sale?
A sheriff's sale is a sale which is held when property is seized as the result of a judgment against someone. The property is held by the sheriff and can be sold after notice is given to the public.
If you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
Can a judgment affect sale of house?
Yes, a judgment can affect the sale of a house. If a property owner has a judgment against them, it may result in a lien being placed on the property, making it difficult to sell until the judgment is resolved. Potential buyers may be deterred by the encumbrance or may require the seller to clear the judgment before completing the sale. Additionally, unresolved judgments can impact the seller's creditworthiness and ability to obtain financing for the sale.
If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
Can your home be taken when a judgment is filed against you in South Carolina?
Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.). However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
If one spouse has a judgment against them in Florida can the creditor pursue or force the sale of a Connecticut property that is held by joint tenancy?
Generally yes, against the husband's interest only. However, they would need to find the property first and obtain a judgment in Connecticut.
What will happen if you do not pay the judgment in a civil case for 750 dollars in West Virginia?
The judgment holder can execute the judgment by wage garnishment, bank account levy or the seizure and sale of non-exempt personal property, or a lien against real property. Small claims judgments are generally restricted to monetary recovery only and do not allow placements of liens or forced sale of property.
Can a judgment force the sale of a house?
Yes, a judgment can lead to the forced sale of a house if the homeowner fails to pay a debt that the judgment pertains to. If a creditor obtains a judgment against a debtor, they may file a lien against the property, which can ultimately result in a foreclosure or forced sale if the debt remains unpaid. However, this process typically involves legal proceedings and may vary by jurisdiction. Homeowners may have options to contest or negotiate the sale depending on their circumstances.
What happens when a judgment is executed?
In the majority of US states a judgment holder can execute a judgment in several ways. The preferred method is wage garnishment, other options for the judgment creditor would be; bank account levy or seizure and sale of unexempt personal property or a lien against real property owned by the judgment debtor.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
What is a judgment?
It is a court order against the debtor to pay the creditor what is due. The judgment can be satisfied in several ways, wage garnishment is the usual one. Levy against bank accounts. Liens against property. The liquidation of non-exempt assets. And sometimes (rarely a homestead) the forced sale of property on which a lien has been placed.
