This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property For Sale In Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Regardless of whether any payments are made, your judgment does not last forever. In Ohio, judgments go “dormant” in 5 years after the latter of: (a) when the judgment was issued, or (b) the last time it was used to create a lien, generate a seizure, obtain a garnishment order, or any other similar effort.
A judgment, once obtained, grants the creditor the right to pursue various methods of collection, such as garnishment of wages or levies on bank accounts. However, in Ohio, a judgment does not remain enforceable forever. After a certain period, if no action is taken to collect or renew it, the judgment becomes dormant.
Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.
Buying a house with a judgment lien can be complicated. The judgment lien gives the creditor the right to collect the debt from the proceeds when the property is sold, which can affect the sale process and the buyer's ability to obtain clear title.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
A creditor can obtain a judgment lien by filing a certificate of judgment with the clerk of the court of common pleas in any county where the debtor owns or may own real property in the future. Real property includes land and fixtures on land such as a single-family home or condo.
Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.
2 And given that, under Ohio law, judgment liens do not attach to after-acquired property, this should not really be a title company issue, assuming it is clear as a matter of record that the tax debt was discharged.
In Ohio, a judgment lien attaches to all real property owned by the debtor in the county where the lien is filed. However, if the debtor acquires new property the lien will not automatically attach to the newly acquired property as well.
A judgment lien on real estate remains in effect for five years. You may not be able to collect a judgment right away through a judgment lien on real estate, but it will ensure that the property cannot be sold or refinanced within the next five years without dealing with your lien.
