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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.
What else can I help you with?
Judgments - can a judgment be filed on a gifted property?
Yes. Your ownership status is just the same as if you had bought the property. Any legal judgment against you can attach to the property.
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.
How do you attach a blanket lien out of court to settle with an individual?
You can only attach a person's property through a court judgment. The court issues the judgment lien and then the lien is recorded in the land records. When the parties settle out of court there is no perfected "lien".
Can a judgment creditor attach real property held under a corporation?
Yes, a judgment creditor can attach real property held under a corporation, but the process typically involves specific legal procedures. The creditor must obtain a judgment against the corporation and may need to execute a lien or levy on the property. However, the ability to collect on the judgment may depend on the corporation’s assets and any applicable protections, such as limited liability. It's advisable for creditors to consult legal experts to navigate the complexities of corporate and property law.
Can you quitclaim your property even if you have a judgment against you?
Yes, you can quitclaim your property even if you have a judgment against you. However, it's important to note that while the quitclaim deed transfers your ownership interest in the property to another party, it does not eliminate the judgment itself. The judgment may still attach to the property, meaning the creditor could pursue the property to satisfy the debt. It's advisable to consult with a legal professional to understand the implications fully.
What can a credit card company attach if a judgment is found in their favor?
Any assets you have such as property, automobiles, bank accounts or wages.
What is the difference between a lien on property and lien on a person's name?
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
What can a lender attach after a deficiency judgment has been issued against you and how far back if at all can they go to attach assets that have been disposed of?
In most jurisdictions the bank can attach any other assets you have. They cannot attach assets you transferred LEGALLY prior to this action unless the transfers were made for the purpose of avoiding creditors. If that was the case they can seek a judgment to capture the property so transferred.
How do i protect my judgment against someone in bankruptcy?
If the judgment debtor is already in bankruptcy, there is nothing you can do. If the judgment is for a debt for which discharge is not allowed, it survives the bankruptcy. If no bankruptcy has been filed, you can try to attach or levy on some property of the debtor that has some value, or equity.
If a motion was not filed in a chapter 7 bankruptcy but the debt was charged off can the judgment be transferred when buying new property?
Bankrutpcy doesn't erase debt. It just renders it nonrecourse as to the debtor. I'm not sure what motion you are referring to, but the judgment should not attach to new property acquired.
Can repo company attach a lien on real property?
State laws vary but generally, a creditor can sue the debtor in court for any deficiency after the repossession and if successful can obtain a judgment. The creditor can then request a judgment lien from the court and once recorded in the land records the lien will attach to the debtor's real estate.
Judgments - can they take your house?
While any judgment can attach against real property, only a judgment and decree of foreclosure can result in the foreclosure of real property. Decrees of foreclosure are only added to judgments as a result of non-payment of a mortgage or deed of trust, or other security instrument.
