Legal Question in Real Estate Law in New York

Judgment/Lien question.

A credit card company has contacted a relative of mine stating that 18 years ago they were served with a notice that payments were in default. To date they owe $55,000. The party is now in the process of settling but the question is can a judment/lien be filed against a new home he recently purchased (holding a mortgage) in the State of New York if the credit card company will not accept settlement?


Asked on 10/02/03, 11:37 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Judgment/Lien question.

If they actually obtained a judgment against him 18 years ago it will act as a lien to property bought now. The judgment is good for 20 years. I would want to see the judgment before I settled.

The Statute of Limitations to sue has long expired.

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Answered on 10/02/03, 12:17 pm
Seth Kaufman Seth M. Kaufman

Re: Judgment/Lien question.

I disagree with Mr. Slater. Although a judgment is good for 20 years, it is only a lien on the debtor's property for ten years from the time the judgment was docketed in the county where the property is located. If the docketing was not made or renewed within the last ten years, there is no lien against the property. This can be easily determined from a name run serarch with the county clerk. Please call me at 212-367-9167 if you have any questions. I do not charge a fee for the initial consultation.

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Answered on 10/02/03, 2:41 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Judgment/Lien question.

A lien cannot be created without a lawsuit and a judgment being obtained. There may even be a defense against a current suit, based upon the delay in attempting to collect the debt, unless there were some continuing contact (like periodic payments). Was a suit ever filed? Maybe they also have a judgment already.

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Answered on 10/02/03, 4:30 pm


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