Judgment Lien On Real Property In Arizona
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Once a judgment is properly recorded, the lien remains in force for up to 10 years from the date of the judgment. A lien can be extended as described below.
Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of ten years after the date it is given on all real property of the judgment debtor in the county in which the judgment is recorded, whether the property is ...
Arizona's homestead exemption exempts up to $150,000 of a person's equity in their dwelling from attachment, execution or forced sale. The exemption applies to a person's house and land, inium or cooperative, mobile home or mobile home and land.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arizona, a judgment lien can be attached to real estate only (meaning a house or similar property).
Arizona has protections in place for those declaring bankruptcy in the state. The Arizona homestead exemption, for example, protects your primary residence during bankruptcy if you have no more than $150,000 in equity. Likewise, retirement and pension accounts like 401(k)s and IRAs are exempt during bankruptcy.
How does a creditor go about getting a judgment lien in Arizona? To attach the lien, the creditor files and records a judgment with the county recorder in any Arizona county where the debtor owns property now or where they may own property in the future.
Arizona has a very generous homestead exemption of $250,000. This means you can protect up to $250,000 of equity in a home you own. The amount is the same whether the home is owned by a single person or a married couple.
How does a creditor go about getting a judgment lien in Arizona? To attach the lien, the creditor files and records a judgment with the county recorder in any Arizona county where the debtor owns property now or where they may own property in the future.
The law only protects a maximum of $150,000 of equity, so if the person's equity in a home is valued at more than $150,000 a creditor may force the sale of the property only if the proceeds from the sale would cover the homestead amount plus all liens/debts owed.
If a judgment is granted by the Court in these lawsuits then the creditors could put a judgment lien on your home to secure the debt. However, taking that next step and foreclosing on the judgment lien is extremely rare. First, Arizona law allows a homeowner to protect up to $250,000 of net equity in their residence.
