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  1. #1
    Join Date
    Jan 2009
    Location
    Wilmington, NC
    Posts
    2

    Default Lien Against Jointly Owned Real Estate

    My question involves judgment recovery in the State of: NC
    A collection company placed a lien judgment against our home located in NC. The debt was incurred on a credit card solely by myself, not by my husband, who did not sign the application for the card or use the card at all. We recently refinanced our home and was told that the lien against our home was illegal as NC was a spousal state and that if my husband and I had been continuously married and never separated, as we have for the last 29 years, that the lien against our jointly held real estate was illegal. Is this true?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Lien Against Jointly Owned Real Estate

    From what I've read, it's not illegal.

    A court judgment can be enforced in the same manner as any other money judgment. If you win a judgment, it is valid for ten years. Before the end of that time, you may ask the court to extend the judgment for an additional ten years. The judgment becomes a lien against any land owned by the person against whom the judgment was awarded located within the county or counties where the judgment is docketed. This lien also extends to any land the defendant acquires in that same county(ies) for a ten-year period after the judgment is docketed. This means the defendant cannot sell that land without first paying your judgment.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lien Against Jointly Owned Real Estate

    Was this entireties property? (You and your spouse jointly owned the property as tenants by the entireties?) If so, it's possible that the lien would have been unenforceable against the property, although there would be a question of whether it would be enforceable against the proceeds of a sale.

    Is the issue now moot - did you pay off the lien when you refinanced?

  4. #4
    Join Date
    Jan 2009
    Location
    Wilmington, NC
    Posts
    2

    Default Re: Lien Against Jointly Owned Real Estate

    We hold the property in joint tendency and no we did not pay off the judgment with the refinance, but we did have to sign a letter for the closing attorney in the State of Maryland that we had been continuously married and never separated, which supposedly nullied the lien as far as they were concerned as far as title clearing.

  5. #5
    Join Date
    Feb 2009
    Posts
    1

    Default Re: Lien Against Jointly Owned Real Estate

    why it is against in jointly owned... that is a one beautiful opportunity that have in one person...



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