Legal Question in Real Estate Law in Florida

I am selling a house with no liens on it. But, I found on my credit report. I have a couple judgments. I also have old creditors with balances on them. Will I be forced to pay them when I sell my house?


Asked on 1/05/11, 12:01 pm

2 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

The judgment will be paid if the judgment creditors recorded a certified copy of the judgment in the public records in your county, which would have created a "judgment lien." The judgment liens will have to be paid at closing.

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Answered on 1/10/11, 12:10 pm
Shelly Schellenberg MI & FL private practice

Only if you used the house as collateral for whatever you charged. If this were the case, your title insurance committment will show the lien. Be sure to order a title committment and know what is filed against your property BEFORE you sign a purchase agreement with the buyer.

If your creditors have judgments against you, they may decide to garnish the money you put into a bank from the sale of the property. If it has been many years since any of these creditors have contacted you, it's possible that they just "charged off" your debt.

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Answered on 1/10/11, 12:11 pm


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