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  1. #1
    Join Date
    Oct 2014
    Posts
    111

    Default Record of a Judgment but No Record of a Lien

    My question involves collection proceedings in the State of: South Carolina

    I have 3 judgments against me from two creditors. I went to my county's clerk of court register of deeds page and looked up my house. I see the deed and two mortgages. But I don't see anything about a judgment lien.

    Unless I'm looking in the wrong place, what does this mean?

    Is it possible that my creditors have judgments but no liens on my house?

    Does that mean I can move, sell, or refinance without worrying about the judgments?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,426

    Default Re: Record of a Judgment but No Record of a Lien

    Certainly. Is their equity in the house? There are other ways of collecting on the judgment. The liens just assure they'd get paid if the house was sold and there was any remaining equity. The senior liens (mortgages, taxes) get priority.

  3. #3

    Default Re: Record of a Judgment but No Record of a Lien

    [QUOTE=ransomedbyfire;1131159]My question involves collection proceedings in the State of: South Carolina

    I have 3 judgments against me from two creditors. I went to my county's clerk of court register of deeds page and looked up my house. I see the deed and two mortgages. But I don't see anything about a judgment lien.

    Unless I'm looking in the wrong place, what does this mean?

    Yes, you were looking in the wrong places. I suggest that you revisited the county clerk's office and complete your homework by examining the BOOK OF ABSTRACTS OF JUDGMENTS.

    If a transcript of a judgment were filed with the county clerk it would have been docketed and indexed in the book of abstracts of judgments where it would have become a lien upon your real estate situated in that county. There is no requirement under South Carolina law that a transcript of a judgment must be docketed and indexed in the deed register in order to become a lien. And the reason is quiet obvious. The transcript of judgment does not contain a description of the judgment debtor's real estate. Its a blanket lien.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: Record of a Judgment but No Record of a Lien

    Quote Quoting ransomedbyfire
    View Post
    I have 3 judgments against me from two creditors. I went to my county's clerk of court register of deeds page and looked up my house. I see the deed and two mortgages. But I don't see anything about a judgment lien.

    Unless I'm looking in the wrong place, what does this mean?
    Ummm...if you "don't see anything about a judgment lien," it means there is no judgment lien or your search was deficient in some way. I think those are the only possibilities.


    Quote Quoting ransomedbyfire
    View Post
    Is it possible that my creditors have judgments but no liens on my house?
    In the abstract, virtually anything is possible.


    Quote Quoting ransomedbyfire
    View Post
    Does that mean I can move, sell, or refinance without worrying about the judgments?
    You're obviously free to move any time you like. Whether you can sell depends on your ability to find a buyer willing to pay a price that you are willing to accept. Similarly, your ability to refinance depends on your ability to find a lender willing to give you a loan on terms you're willing to accept. Whether you worry or not is entirely up to you.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,426

    Default Re: Record of a Judgment but No Record of a Lien

    Actually, just the presence of judgment on record, even without an obvious lien will cause many title companies to hold up the closing. I had to have the seller attest that he wasn't the "Dick Diamond" that the title company found a judgment for in the search. If it had been, then there would have been further hold up while they verified that Diamond's obligator had no claim (or waived it) on the property.

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