Legal Question in Real Estate Law in Arizona

Judgment Lien and Homestead Exemption

While trying to refinance, I was informed of a judgment lien against my property. Does the homestead exemption protect my property from that lien? The total value of my home is less than $150,000. I read in ARS 33-964 a recorded judgment shall not become a lien upon homestead property. So, if I sold the property, does that mean they would not be entitled to collect on their judgment? Also, will I have to pay the judgment if I go ahead with the refinance or is there a way around this? Thanks, in advance, for your help.


Asked on 8/01/06, 6:01 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Judgment Lien and Homestead Exemption

This is really a question of Bankruptcy law, so I will invite you to re-submit it under that category.

I do not believe you will be able to refinance or sell your property without paying the judgment. You might contact the judgment holder and arrange some compromise settlement first. The judgment holder would not be able to execute on the property unless it had more than the exempt amount of equity, but you would have to record a homestead designation at some point.

Consult with a bankruptcy attorney.

Good luck,

James D. Jenkins

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Answered on 8/01/06, 11:50 am


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