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No. A judgment and a lien are fundamentally different things, although they can both constitute encumbrances on real or personal property.
A judgment is a finding by a court of competent jurisdiction that one party is legally liable to another party, usually for a sum of money. It contemplates the filing of a lawsuit, achievement of service of process, and either an adjudication on the merits (facts) after a jury or non jury trial, or sometimes, by default. A default occurs when a party, usually the defendant, fails to timely respond to the claim and all material allegations are deemed admitted. If the plaintiff is then able to prove damages, a default judgment may be entered. It is almost universal that a lawful judgment becomes a lien on the judgment-debtor's property, although state law varies as to how such a lien is created (for example, automatically, or only after recording).
A judgment can be vacated under a variety of circumstances, such as if the defendant can demonstrate that he/she/it was not lawfully served with process and therefore, that the court did not have the personal or subject-matter jurisdiction to enter the judgment. A judgment can also be vacated when the party who lost at trial prevails on appeal. The cause may be sent back ("remanded") to the lower court to vacate the judgment and retry the case.
In contrast, a lien may be described as a statutory mechanism by which an artisan (contractor, architect, many other categories of people) can impress a kind of ownership interest upon the property which he/she/it helped to create or to improve, for the purpose of enforcing payment for services.
Creation of the lien does not involve filing a lawsuit, but there is often a recordation process in the public records of the country in which the property is located. Avoidance of the lien may involve a formal challenge of it whereby the property owner may be required to post a bond (issued by a surety, or in cash) so that the lien is "transferred" to the bond, whereupon the parties may dispute the validity of the lien in court without the property itself being subject to the litigation.
What else can I help you with?
Does the amount of a lien stay the same over the years?
Generally a judgment executed as a lien will continue to accrue interest at the rate that is allowed by the laws of the state in which the judgment was granted.
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
In Fla is a court order final judgment the same as a lien?
No, it starts the lien process. Once you receive judgment you can then place a lien on the person that owes the money's property or income. All costs should be tracked while doing so as they go against the delinquent account from this point forward!
How do you remove a satisfied judgment from title?
Generally, a lienholder gives the debtor a document called a Warrant of Satisfaction upon payment of the debt secured by the lien. Most state laws require that this be done promptly upon payment. The Warrant is then filed in the same office the judgment lien was recorded so the office can mark the lien satisfied.
What does vacate mean?
To vacate is to make something vacant or empty. If you are inside it, this means you must leave; if your property is inside it, you must remove it completely. An order to vacate an area means that everyone must leave it, so as to make it empty.
Is a levy the same thing as a lien?
No. Levy has different meanings.To levy is to impose a tax or fine. A levyrefers to the act of a seizure of property in execution of a judgment by an authority such as a sheriff.A lien is a right or interest of a creditor in another’s property. For example, a mortgage, income tax lien, property tax lien or an attachment.
Can a judgment stop you from getting approved for a home loan?
Yes, having a judgment would definitely prevent you from getting approved. "Mortgage" documents are, in reality, a lien upon the property which secures the loan. The "Note" is the IOU for the money borrowed. A mortgage is supposed to be the only lien placed against the property. It allows the lender to call the note due and take possession of the property in the event of default by means of foreclosure. Since an active judgment would allow the plaintiff to place a lien upon any real property, no mortgage lender would allow their collateral to be jeopardized. Paying a judgment is also not the end of this issue. For any legal item appearing in the "public records" portion of your credit report, there must be a disposition. For a judgment, the proper disposition is a "Satisfaction of Judgment" or an "Order to Vacate Judgment" (dismissal). This is a legal document which must be obtained at the same jurisdiction as the original judgment. It also should be "recorded" at the same courthouse. If this item is showing up on your credit report, you can also follow up by sending a certified copy of the disposition to the credit bureaus. That way, this matter won't continue to haunt you as an unattended issue in the future.
What is the difference between a lien and a judgement?
A judgment is a decision made by the courts in a civil suit. A successful plaintiff must enforce and collect upon the judgment. If the defendant doesn't voluntarily pay the judgment, the plaintiff can request a judgement lien.The judgment lien must be appropriately filed in order for the creditor to secure their position to collect the debt. It can be: served on a bank to freeze a bank account; recorded in the land records to seize real property; used by the sheriff to seize personal property; etc.A judgment lien is a TYPE of involuntary lien. There are many different types of voluntary and involuntary liens such as: mortgages; income tax liens; property tax liens; liens for municipal services; mechanic's liens; child support liens; and, judgment liens.
If you default on a leased vehicle can the bank place a lien on your home?
It is possible. While it is more difficult for a vehicle lien holder to extend a lien to other, unsecured property, it is possible with a legal judgment. It is much simpler for this to occur if the lien holder and mortgage holder ar the same. In situations such as this, it is a simple matter of cross colateralization.
What happens when you pay off a judgment?
Generally, the judgment holder will give back a document of some sort that gets recorded in the same office as the judgment was recorded. In NJ the document is called a Warrant of Satisfaction. It acknowledges that the judgment has been paid in full and been satisfied and that the judgment may now be removed as a lien. In other states the name of the document may be different, but the process is generally the same.
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.
If you pay someone the money you owe that has placed a lien on your home will it stop the lien?
Yes. Paying what you owe is the first step in removing the lien. You need to take care in handling the payoff. At the same time the creditor should prepare and file a release of the lien that is in proper form for the type of lien in your jurisdiction. The creditor may need to notify the court that the judgment has been satisfied and the court will arrange for a satisfaction of the lien to be recorded in the land records by the local sheriff. Do not hand over the funds until you know how and when the lien will be officially released.
