Legal Question in Real Estate Law in New Jersey
Judgement and selling home
Hello,
I own half of a home in East Brunswick with my brother and sister. My father owns the other half. We are finally selling this month. I was wondering during a title search if a judgement against me for credit card debt will hinder the sale of the house, or is it just judgements pertaining to the home property and not personal?
If it will hinder the sale, how can I get rid of it using the money i get from the sale? I am receiving $50,000.
thanks!!!!
3 Answers from Attorneys
Re: Judgment and selling home
If the judgment was docketed by the plaintiff, it will show on the buyer's title report as a lien on the property. The buyer will then probably want the escrow agent to retain a sum sufficient to pay the judgment.
You will probably need some help in getting the judgment satisfied on the record. Take care of that now while the plaintiff has incentive (your payment) to give you the documents needed to clear the judgment. Use your lawyer if you are represented in the transation. If you are not represented, you should probably consult with a lawyer before the settlement day.
Re: Judgement and selling home
As stated by another attorney, if the judgment against you was recorded it will show up in a judgment search that the buyer's title company will automatically do. If you can, try now to negotiate with the creditor for satisfaction of the judgment for less than full value. Then pay it with cash (if you have it now) before the closing or it will be satisfied at closing. Let your real estate attorney know what's happening.
Re: Judgement and selling home
the attorney handling the sale for you should answer these questions and take care of these matters.
if you need further help, please contact me.