Legal Question in Real Estate Law in Oregon

Re: Judgement with no lien filed

In the State of Oregon, most (not all) judgments automatically become judgment liens on real estate that the debtor owns now and in the future in the county where the judgment was filed. A creditor can also file the judgment in other Oregon counties, in which case, the judgment lien extends to real esate in those other counties.

The judgment must be prepared by the creditor in compliance with certain rules, in order for there to be a valid judgment lien. Sometimes creditors don't draft the paperwork correctly, which means that the judgment is still valid, but it does not become a judgment lien.

Judgment liens are often discovered when you want to sell your house, and the title company picks it up on its search.

My suggestion is that you use the services of a title company now to run a lien search on your name (and if you own the real estate with someone else, on that person's name too.) This way you can see what shows up before you sell your house, and you won't be surprised at the last minute.

Re: Judgement with no lien filed

Technically, yes, but the title search will probably find your personal unpaid judgments, and the buyer may demand that those be satisfied before the house transaction is closed.