This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property With Rem In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Judgements can become a first lien against a property. Lenders generally want to be first lien when it comes to mortgages. So yes, it will be deal breaker for most mortgage companies. I've seen mortgages get denied because of a $6000 judgement.
Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
Judgements can become a first lien against a property. Lenders generally want to be first lien when it comes to mortgages. So yes, it will be deal breaker for most mortgage companies. I've seen mortgages get denied because of a $6000 judgement.
Judgments don't appear on your credit report and don't affect your credit score. But judgments may impact your ability to qualify for credit since lenders can still search for judgments via public records.
After a default has been taken, a judgment can be taken by either submitting documentation with a declaration as to the truth of the documents, or by having a prove-up hearing, where testimony is taken and documents are submitted. So the answer is yes. They can't execute the judgment without finding you, though.
The judgment becomes a matter of public record, and is indexed with the clerk of the court. It shows up on your credit report as well as on any background checks. The judgment is considered a lien against your property, including any real estate that you have, in the state in which the judgment is filed.
All judgments and court records are filed in the County Clerk Office in the County where the lawsuit was filed. You can go in person to the County Clerk Office in the County where you live to ask if a judgment has been entered against you. Most counties also allow you to search online.
In rem is a Latin term meaning "against a thing," which refers to a court's power to adjudicate matters directed against property .
In rem jurisdiction is based only on the fact that the property of the defendant is located within the state. Jury trials are conducted at the appellate court level. Patent cases must be litigated in state courts.
More info
Know your rights when you get a judgment lien. A petition to quiet title starts a special legal proceeding to determine ownership of real property.This guide is designed to help anyone who is suing or being sued in small claims court. Underwater Option 3: Consent Judgment in rem. What is this option? Once served with a Statement of Claim, the defendant has 14 days to complete the Answer form and to file it with the Clerk's Office. Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. US Bank National Association in February. That means that the judgment is only against the property. Such lien holders are not liable in personam, but judgment against their interest in the property, in rem, may be entered.
