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You would need to file a motion to rescind (quash) the judgment writ on the grounds that it is invalid because...? You must have documentation to substantiate your claim. If the motion (suit) is granted the court can return the attached property to the debtor's possession with or w/o stipulations, freeze the assets to prevent either party from action, dismiss the case/judgment with or w/o precedence, and/or numerous other such rulings.

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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.


What is to cloud a judgment?

To cloud a judgment is to prevent a clear view of the truth, much in the way that a cloud in the sky can hide the sun. Typically, personal bias or animosity is what clouds judgment. If you were on a jury, for example, trying to determine whether a particular person is guilty of a crime, and that person belonged to an ethnic group that you personally dislike, that could cloud your judgment.


Who is responsible for judgment on property inherited from deceased father?

The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.


Will a judgment show up at title insurance search?

Yes, a judgment can show up in a title insurance search. Title searches typically include a review of public records, which often reveal any liens or judgments against the property owner. If a judgment has been filed against the owner and is attached to the property, it may affect the title and could need to be resolved before a clear title can be issued.


How to quiet a title to a property in order to establish clear ownership?

To quiet a title to a property means to legally establish clear ownership. This process involves filing a lawsuit in court to resolve any disputes or claims on the property's title. By doing so, the rightful owner can obtain a court judgment confirming their ownership rights and removing any uncertainties or challenges to their title.


Does a judgment have to be paid off before you can sell your home in Virginia?

In Virginia, a judgment against a property owner does not necessarily prevent the sale of their home, but it can complicate the process. If there is an outstanding judgment lien on the property, the lien must typically be settled or addressed at closing, as it can affect the title transfer to the new owner. Therefore, while you can sell your home, you may need to pay off the judgment or negotiate its resolution to ensure a clear title. It's advisable to consult a real estate attorney for guidance in such situations.


Is Possession of personal property is presumptive evidence of ownership?

in the absence of clear and compelling testimony or documentation to the contrary, the person in actual possession of the property is presumed to be the rightful owner. Disputable presumption of ownership.


Is personal property covered in a life estate deed?

What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.


Can you sell property if you bought the same property off some one who has a civil suit against him?

As long as there is no lien on the property you can. If the civil suit is pending, then no judgment lien has attached to the property and you can buy it free and clear. If the civil suit relates directly to the property, the plaintiff may have put a lis pendens on it which is a type of pre-judgment lien that is permitted in some cases when the lawsuit is over the property itself. In addition, if the suit is for work done on the house by a contractor, there may be a mechanics' lien on the property. This is another pre-judgment lien that is permitted. In any event, if the civil suit is merely an action on a debt or a tort, the mere pendency of a civil suit does not create a lien on the property. Absent a lis pendens or mechanic's lien, the property may be purchased from the defendant and sold.


Is it possible to reverse engineer addiction?

There is no clear position as regards reverse engineering of addiction


What is clear judgment?

Clear judgment refers to the ability to make sound decisions based on objective analysis, critical thinking, and an understanding of relevant information. It involves evaluating situations without bias, recognizing potential consequences, and weighing options effectively. This quality is essential for problem-solving and leadership, as it enables individuals to navigate complex scenarios while considering both short-term and long-term impacts. Ultimately, clear judgment fosters rational decision-making in personal and professional contexts.