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You would need to file a motion to rescind (quash) the judgment writ on the grounds that it is invalid because...? You must have documentation to substantiate your claim. If the motion (suit) is granted the court can return the attached property to the debtor's possession with or w/o stipulations, freeze the assets to prevent either party from action, dismiss the case/judgment with or w/o precedence, and/or numerous other such rulings.
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If you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
What is to cloud a judgment?
To cloud a judgment means to impair one's ability to make a fair and clear decision by allowing personal feelings or biases to influence the judgement. It can result in making a decision that is not objective or based on rational thinking.
Who is responsible for judgment on property inherited from deceased father?
The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.
Is Possession of personal property is presumptive evidence of ownership?
in the absence of clear and compelling testimony or documentation to the contrary, the person in actual possession of the property is presumed to be the rightful owner. Disputable presumption of ownership.
Is personal property covered in a life estate deed?
What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.
Can you sell property if you bought the same property off some one who has a civil suit against him?
As long as there is no lien on the property you can. If the civil suit is pending, then no judgment lien has attached to the property and you can buy it free and clear. If the civil suit relates directly to the property, the plaintiff may have put a lis pendens on it which is a type of pre-judgment lien that is permitted in some cases when the lawsuit is over the property itself. In addition, if the suit is for work done on the house by a contractor, there may be a mechanics' lien on the property. This is another pre-judgment lien that is permitted. In any event, if the civil suit is merely an action on a debt or a tort, the mere pendency of a civil suit does not create a lien on the property. Absent a lis pendens or mechanic's lien, the property may be purchased from the defendant and sold.
Is it possible to reverse engineer addiction?
There is no clear position as regards reverse engineering of addiction
Does a deed in lieu of foreclosure stop a sheriff sale?
A sheriff's sale indicates that a creditor won a court judgment and acquired the legal right to sell the property to satisfy the judgment. A lender wants the property to be free and clear of other liens before taking title by a deed in lieu of a mortgage foreclosure. An answer would require more details about the debt underlying the sheriff's sale.
Is personnal property left in a house I bought mine?
It is important to thoroughly inspect the property before purchase to ensure it is delivered vacant of personal property unless specified in the contract. If personal property was left behind, you may need to negotiate with the seller or seek legal advice to determine ownership rights. It is recommended to have a clear agreement in the purchase contract regarding the condition of personal property.
What is a clear title on a home?
A clear title indicates that no other person or other entity has any claim on the property or interest in the property and you are the absolute owner.
How does a judgment lien affect a title search and can you get tiltle insurance if you have a judgment lien against you?
A judgment creates a cloud on the title. Any buyer, lender or title insurance company would require that the lien be paid before they will complete any transaction with you relating to your property.
I have a debt in which a judgment was issued against me. Can the creditor holding that judgment lien my car once it is paid off?
Unfortunately, the answer is: more than likely.That is, if the vehicle you own is free and clear of prior encumbrances, for example - it is entirely paid off and you hold the title to the vehicle free and clear.If you are in a situation where a lender can place a lien on your bank accounts, garnish your wages and place a lien on your tax refunds (varies from state to state), it is quite possible that the lender can "attach" your personal (auto, bank accounts, etc.) and real assets (as in real estate). Essentially meaning that if they (lenders) attach your property and you try to sell them off, they are likely to gain any profits (consideration = anything of value) from the sale.
