Can I put a lien on a home that is for sale to satisfy my judgement?

Full question:

I have a judgement against someone for money owed. They are selling their house soon and moving out of the state. Can I take a certified copy of the judgement to the Register Of Deeds and have a lien put on their property? If not what else can I do?

  • Category: Civil Actions
  • Subcategory: Liens
  • Date:
  • State: National

Answer:

If the judgment is not paid, the judgment creditor can then seek to enforce the judgment by garnishing wages, seizing a bank account, or placing a lien against the debtor's property. A judgment lien is obtained through court procedures, which vary by local area. The
Register of Deeds may record the lien after it is issued by the court. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt. If a lien were placed on
a home, the judgment creditor would then seek to foreclose on the property, in the same way a mortgage holder such as a bank would foreclose if it were not paid.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To remove a judgment lien, you can pay the debt in full or negotiate a settlement with the creditor. Once the debt is satisfied, the creditor should file a release of lien with the court. If you believe the lien is invalid, you may also contest it in court. Always check with a legal professional for specific procedures in your state.