Legal Question in Real Estate Law in Virginia

real estate lien

A single owner is charged with fraud and has a judgment placed against them. They are still paying a mortgage on a house, but they signed a deed-of-gift over to one of their children, can this judgment still be placed on this house because of the outstanding mortgage?


Asked on 10/03/08, 11:45 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: real estate lien

If the judgment was entered in circuit court or docketed there before the property was transferred, the judgment attaches and will not be avoided by the transfer. If the transfer came first, it is not automatic, but if it meets the requirements for a fraudulent conveyance, the creditor can get an order causing the judgment to attach and undoing the conveyance.

Read more
Answered on 10/03/08, 6:21 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia