Legal Question in Credit and Debt Law in New York

NY judgment assignment is filed in a town court where original judgment happened. Transcript is filed in County Clerks office to put a lien on any real property. Can you file your assignment at the county level as well? I enforce judgment's in NY and have ran into a problem. I file with the town clerk my assignment. the transcript is filed in the county. Debtor sells real property and the lean reflects the original judgment creditor. The original judgment creditor gets paid without giving anything to the assignee of judgment. Can I file in the county where the transcript is filed? So to let everyone know I am the owner of the judgment.

Thank you

Rich


Asked on 4/02/14, 9:55 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

From your question , I understand that you have a judgment which was filed in the County Clerks office. or was it?

If the judgment is not filed in the County Clerk's office it is not a lien on real property, and the debtor can sell it without paying off the debt.

If the lien is filed in the County Clerk's office it is a lien on the debtors house. Sometimes they sell the property and the buyer knows of the lien but just ignores it hoping it woud go away.

You need to hire a New York Attorney who can execute against the county clerk filed lien on the new owner and force the auction on the property. That always gets their attention.

Jeffrey A. Lazroe Attorney - 1-716-856-8811

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Answered on 4/03/14, 11:40 am


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