Legal Question in Credit and Debt Law in New York

Re: deceased judgment debtor

You may be OUT OF LUCK. Property in the name of two or more persons may be titled so that when one person dies, the property is titled 100% in the other persons name...you don't have a judgment against the son.. and you can't change the name of the judgment debtor simply because the son got the property. You have a lien on the deceased person's assets...and the property MAY NO LONGER BE AN ASSET OF THE DECEASED PERSON! Even if you tried to sell the property when the judgment debtor was alive all you would have gotten is that person's interest in the property...and when that person died, so would their (and your) interest...get it? If the son died first, you'd have an interest in all the property...but it did not turn out that way...YOU HAVE TO DO A LAST OWNER'S SEARCH AND SEE HOW THE DEED IS WORDED. If it is joint owners with right of survivorship...you're plum out of luck. If it's not, the property should go into her estate and you would have a claim against it...check it out and see...good luck

Re: deceased judgment debtor

This is a surprisingly common problem. Judgment debtor is unavailable and there is real property that is available to satisfy the judgment. The first step is to record the lien/file a financing statement/encumber the property. You accomplish this by giving notice on the deed at the county recorder's office. The rest is easily accomplished through a debtor/creditor action.

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