Legal Question in Real Estate Law in Illinois
Real estate question
I recently found out I have a Judgement on my name from my ex-spouses old business. It is for $62,000. I have about $70,000 in equity in my home. I have a $60,000 mortage that is in default. I would like to sell my home. Will the remaing equity be givin to the company that placed the judgement on me? I checked the recorders office in winnebago co. and the only lien is for my mortage that is aginst the property. However on the title search/tract, it shows me as having a judgement against my name. Need to know if I can sell or if all the equity will go towards paying the judgement?
2 Answers from Attorneys
Re: Real estate question
You probabaly will not be able to close. I suggest that you contact the judgment holder and see what they would accept in settlement if you made a lump sum payment. Get that amount from them in writing and provide that "payoff letter" to the title company who will then pay it out of proceeds.
Re: Real estate question
The title company will not likely close until that is cleared. You should try to clear it up.