[02dodgeman]

In North Carolina can someone put a judgment against one person on their real estate property if the property is co owned by more than one persons. ( my brother had a judgment against him in 99 and purchased a condo in 2000 with my parents, he moved out and they were trying to sell when we found out about the judgment from the realitor ) Was this judgment wrongfully attached to this property? And if not can it be sold through the realitor and the judgment be paid after selling because they don't have enough money to pay it off prior to selling. Thanks for your input...

[Fr_Chuck]

Yes it can be attached if there was a judgement and he is listed on the deed as owner.

The property will have to be sold for enough to pay off any mortgage and the judgement.

If there is not enough money in the sale of the property the property may be stopped from being sold unless they will release the lien.

[John WA]

Actually, only his half interest (or whatever it is) can be attached if his name is on the title.

I had half interest in a property w a partner who got all her RE foreclosed on by Ocwen and all parties recognized that nothing they were doing had anything to do w my half interest, as I hadn't agreed to pay O anything and my 1/2 was owned free and clear.

Then, after the foreclosure of my P's half interest, Ocwen and I cooperated on listing the property with a local RE agent and selling it to new buyer.

O had to deal with me and could have done almost nothing without my help.

If your parents are occupants of the property they have a very strong claim of possession and occupancy and your B's lender is going to be forced to get along with them in order to get to your B's debt to them.