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    stanfloorman's Avatar
    stanfloorman Posts: 5, Reputation: 1
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    #1

    Jan 26, 2010, 02:08 PM
    removing a judgement lien on property
    my brother-in-law is on disability, cannot work, has a home mortgage and tried to sell it to me because he cannot afford his payments. I was going to let him stay in the house. The trust company informed him he has a judgement lien on the house from a credit card company. The lien plus the mortgage balance is more than the homes value. My Question: How to remove the judgement lien to be able to sell the home?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 26, 2010, 02:29 PM

    The way to remove a judgment lien is to pay off the judgment.

    How much equity is there, not including the judgment lien (the value of the home less the payoff on the mortgage)?
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    stanfloorman Posts: 5, Reputation: 1
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    #3

    Jan 26, 2010, 02:46 PM
    Equity approx. 20K, Judgement filed 2008 @ 10.8K now @ 21.8K
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    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 26, 2010, 03:12 PM

    Only thing I can suggest is try to work a deal with the judgment creditor. Point out that if the mortgage is foreclosed they will never get anything. Offer them $1,000 to release their lien.
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    this8384 Posts: 4,564, Reputation: 485
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    #5

    Jan 26, 2010, 03:37 PM
    Quote Originally Posted by AK lawyer View Post
    Only thing I can suggest is try to work a deal with the judgment creditor. Point out that if the mortgage is foreclosed they will never get anything. Offer them $1,000 to release their lien.
    ... are you kidding?
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 27, 2010, 08:36 AM
    Quote Originally Posted by AK lawyer View Post
    Only thing I can suggest is try to work a deal with the judgment creditor. Point out that if the mortgage is foreclosed they will never get anything. Offer them $1,000 to release their lien.

    Okay, I'll be the one to ask - why would the judgment creditor get nothing if the house is foreclosed?

    Why can't the creditor move against other assets?
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    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jan 27, 2010, 09:59 AM
    Quote Originally Posted by JudyKayTee View Post
    Okay, I'll be the one to ask - why would the judgment creditor get nothing if the house is foreclosed?
    The first mortgave is senior to the judgment lien. The holder of the first mortgage will take it for the value of that mortgage. Any equity will be extinguished by the foreclosure.

    Quote Originally Posted by JudyKayTee View Post
    Why can't the creditor move against other assets?
    It's just an educated guess, but I doubt there are any non-exempt assets:
    Quote Originally Posted by stanfloorman View Post
    my brother-in-law is on disability, cannot work, ...
    Another possible solution would be to buy the mortgage and foreclose it. Either that, or buy the property after the mortgagee has foreclosed.
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    #8

    Jan 27, 2010, 10:52 AM
    Quote Originally Posted by AK lawyer View Post
    The first mortgave is senior to the judgment lien. The holder of the first mortgage will take it for the value of that mortgage. Any equity will be extinguished by the foreclosure.



    It's just an educated guess, but I doubt there are any non-exempt assets:


    Another possible solution would be to buy the mortgage and foreclose it. Either that, or buy the property after the mortgagee has foreclosed.
    As seem to be a recurring theme in your posts...
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    stanfloorman Posts: 5, Reputation: 1
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    #9

    Jan 27, 2010, 10:53 AM
    If I buy the mortgage and foreclose it, doesn't the judgement pass to to buyer?
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    stanfloorman Posts: 5, Reputation: 1
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    #10

    Jan 27, 2010, 10:56 AM

    I mean could I then get title to the property without the judgement lien being attached.
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    #11

    Jan 27, 2010, 11:04 AM
    Quote Originally Posted by stanfloorman View Post
    If I buy the mortgage and foreclose it, doesn't the judgement pass to to buyer?
    That's not how it works. You don't foreclose on the house; the mortgage holder forecloses on the house.

    You can always get a new mortgage, pay off the existing mortgage and then buy the house - but you'll need to pay off the lien in order to transfer the title into your name.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #12

    Jan 27, 2010, 11:15 AM
    Quote Originally Posted by stanfloorman View Post
    If I buy the mortgage and foreclose it, doesn't the judgement pass to to buyer?
    Normally, no. Check with a local attorney first, of course.

    Quote Originally Posted by stanfloorman View Post
    I mean could I then get title to the property without the judgement lien being attached.
    That's what I'm suggesting.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jan 27, 2010, 12:56 PM
    Quote Originally Posted by AK lawyer View Post
    The first mortgave is senior to the judgment lien. The holder of the first mortgage will take it for the value of that mortgage. Any equity will be extinguished by the foreclosure.



    It's just an educated guess, but I doubt there are any non-exempt assets:


    Another possible solution would be to buy the mortgage and foreclose it. Either that, or buy the property after the mortgagee has foreclosed.


    As I suggested yesterday the site works a lot better if "we" stick to the question as asked instead of giving "what if" answers.

    You said that the lien holder would get nothing if the property foreclosed. That is not true. There are other avenues, including wages which are not always exempt.
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    stanfloorman Posts: 5, Reputation: 1
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    #14

    Jan 29, 2010, 09:39 AM

    I am going to contact an attorney in Georgia where the property is located to explore my options as I want to avoid the judgemenr attachment. Thank all of you for your input.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Jan 29, 2010, 10:06 AM
    Quote Originally Posted by stanfloorman View Post
    I am going to contact an attorney in Georgia where the property is located to explore my options as i want to avoid the judgemenr attachment. Thank all of you for your input.
    You can't avoid the lien. Assuming it was legally placed, then it has to be satisfied before a transfer of ownership can take place. You can try to negotiate a settlement.
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