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-   -   Removing judgement lien (https://www.askmehelpdesk.com/showthread.php?t=370285)

  • Jun 29, 2009, 02:39 PM
    angel-lilly
    Removing judgement lien
    Hi-
    I have a judgement lien on my name and X husband's name.
    He assumed all debt including this lien in our divorce settlement.
    How can I remove my name from it?
    It does affect the sale of my house, although it is actually only liened on our names, not the house. It comes up when doing a title search.
    Any ideas? Its a large amount-old credit card debt-not even sure if it was done justly as we were never formally subpeoned or served to appear at the court hearing.
    I cannot pay it. I am a Single mom with no income or child support- as the X is now in prison. I need to sell the house immediately...this of course interferes with the sale.
    Would be grateful for help and ideas...thank you!
  • Jun 29, 2009, 03:37 PM
    s_cianci
    A simple affidavit to the effect that your ex is presently incarcerated should give you the power to sell the home. Whatever liens have been placed against your home to satisfy your debts can be settled with the proceeds from the sale. Do you have enough equity in your home to do this? If not then contact your mortgage company and see if they'll agree to a short sale, whereby you satisfy the liens placed by the credit card companies, then your mortgagor absorbs the loss on their interest in the home.
  • Jun 29, 2009, 03:47 PM
    ScottGem

    A creditor is not bound by the terms of your divorce agreement. So, if your ex didn't settle the debts that resulted in the liens, you have to pay them before you can sell the house.

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