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.
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.
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.
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.
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.
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.
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.
There is no clear position as regards reverse engineering of addiction
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.
A sheriff's sale indicates that a creditor won a court judgment and acquired the legal right to sell the property to satisfy the judgment. A lender wants the property to be free and clear of other liens before taking title by a deed in lieu of a mortgage foreclosure. An answer would require more details about the debt underlying the sheriff's sale.
It is important to thoroughly inspect the property before purchase to ensure it is delivered vacant of personal property unless specified in the contract. If personal property was left behind, you may need to negotiate with the seller or seek legal advice to determine ownership rights. It is recommended to have a clear agreement in the purchase contract regarding the condition of personal property.
A clear title indicates that no other person or other entity has any claim on the property or interest in the property and you are the absolute owner.
To file a suit to quiet title for a real estate property, you need to hire an attorney who specializes in real estate law. They will help you prepare and file a complaint in the appropriate court, providing evidence to prove your ownership of the property and resolve any conflicting claims. The court will then issue a judgment to establish clear and undisputed ownership of the property.