QUESTION
When I sell the home will the judgement be taken out of the sale price?
Asked on Apr 15th, 2013 on Estate Planning - California
More details to this question:
I am planning on selling my home but recently found out that I have a personal judgement against me.
9 ANSWERS
Generally speaking, the judgment is a lien like a deed on the title and will need to be paid to get it removed. But, these things are often negotiated. I suggest that you contact the owner of the judgment and offer a portion of the judgment.
Answered on Apr 19th, 2013 at 12:27 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Have they recorded a lien on the property. If so, yes.
Answered on Apr 16th, 2013 at 9:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the circumstances and what has been recorded. See an attorney with details.
Answered on Apr 16th, 2013 at 9:32 PM
3 Awards
Yes, it will if the judgment is recorded. The judgment amount will be deducted and paid, plus accrued statutory interest. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 9:31 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the judgment has been recorded with the parish clerk of court, it will show up as a lien against the property, and will be paid from the sale proceeds.
Answered on Apr 16th, 2013 at 2:03 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, unless you can get the judgment lien set aside.
Answered on Apr 16th, 2013 at 1:51 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If the person holding the judgement files a judgement lien, then the judgment will be taken out of the sales price. The lien is not created automatically when the personal judgment is issued against you.
Answered on Apr 16th, 2013 at 1:02 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, generally if there is an abstract of judgment recorded against the property, the proceeds of the sale will show the deduction, which you have to agree to.
Answered on Apr 16th, 2013 at 12:01 AM