Ask Experts Questions for FREE Help !
Ask
    Juanfiu24's Avatar
    Juanfiu24 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 1, 2007, 06:38 PM
    Credit Card Judgment preventing property sale !
    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's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #2

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Judgment possibilities on credit card debt? [ 4 Answers ]

Hello, I lost my job several years ago, had some medical issues and stopped making my credit card payments and have not as yet been able to catch up on my debts. I am being sued by a credit card company for $1400 not a lot of money, but much more than I have. I have a summons to appear in court...

Credit Card Judgment following Charge-Off [ 0 Answers ]

If a credit company has "Charged-Off" a balance as reflected on a credit bureau report, Does this imply that they will not be seeking a judgment? Will I receive WRITTEN documentation in the event a judgment is filed? It is my understanding that under Texas law a credit card company cannot...

Sale of property for $1 [ 4 Answers ]

Is it possible to sell property to an older sister for $1 to prevent a ex-wife from putting a lien on it. It is in PA

Property Sale/inheritance Law [ 1 Answers ]

My brother, sister and I were raised by our great-aunt. She passed away nearly 10 yrs. Ago. The house and property she lived in at the time is still in her name. My brother has been taking care of upkeep and taxes for all of these years. And it was decided among the 3 of us that the house should be...

Estate taxes, appraisal, and property sale [ 1 Answers ]

A family member died in 3/05 and left us two houses in California in a trust. We'd like to get appraisals that are hopefully below $1.5 million to avoid the estate tax. What happens if we then sell the two houses and the sale prices are above the appraised values? Is estate tax recalculated? ...

View more questions Search