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View Full Version : Credit Card Judgment preventing property sale !


Juanfiu24
Feb 1, 2007, 06:38 PM
I bought my apartment a little bit more than a yea ago, I live in Florida and I am trying to sell it now, it's the only property that I have. The problem is that I have a credit card judgment and I have been told that I can not sell my property until I satisfy that debt. There is no lien against the property only a personal judgment. I did not claim homestead exemption for the year 2006 and because of that, the title company is saying that they can go after the proceeds of the sale because without homestead exemption, it is not considered a primary residency, even though, I bought it as a primary residency. I have already applied for homestead exemption for the year 2007 but I have not received the approval yet. Can that judgment stop me from selling my property? And can they go after the proceeds of the sale? What happens if after the sale of the property there is no money left ? What can they do to force me to pay them?

mr.yet
Feb 2, 2007, 05:06 AM
If there is no lien on the property than you can sell it without paying the judgment on the credit card. Is the title co. person an attorney? Check with an attorney in your area about this he can advice you on how to proceed.

Fr_Chuck
Feb 2, 2007, 09:22 AM
Did the credit card company file a motion showing intent.

There had to be something in the deed office to tell the title people there was a judgement and the such, you don't run a credit history on the seller.

And of course there can be an agreement reached to use the money from the sell to pay off the judgement, that would let the sale go ahead.