Legal Question in Credit and Debt Law in North Carolina

What is the difference between a lien and a judgement? I represent a Property Owners Association and have some property owners that have not paid a special assessment. I would like to " tie up "the real property so if it should sell in the future our Association will be paid for the amount of the assessment, costs and accrued interest due.

I am not sure if we need to go after a judgement or a lien. Both of the properties are owned by business entities, one is Incorporated.

Thanks for your assistance~


Asked on 8/31/11, 3:36 pm

1 Answer from Attorneys
Rachel Hunter

A lien is just a document that is recorded that lets prospective buyers to a property or anyone else know that you have a claim against the home owner. To get paid you have to enforce the lient. This is done by foreclosing on the lien - basically the property is sold.

This is a special area of the law and I don't handle the filing of liens or foreclosure, but many real estate attorneys do. If your HOA does not have an attorney on retainer, I suggest that you locate local counsel to represent you in filing a lien and foreclosing thereon if necessary.

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Answered on 8/31/11, 10:42 pm


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