Judgment Lien On Jointly Owned Property In North Carolina
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FAQ
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.
And a homeowner may find it difficult to sell any property that has a lien against it. Prospective buyers may avoid a property to which someone else has a claim.
The short and legal answer is YES, the creditor can force the sale of that half interest, but normally they won't. Part of the reason is that half of a property is not worth half of what the property is worth.
Household exemption typically includes clothing, furnishings, appliances, books, and other household items that are used as part of everyday residential existence.
This all depends on whether there was a contract for care entered into by the parties. If there was, then it would be enforceable by the family member who provided care although they would have to file suit to get a judgment and enforce any lien.
In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.
(2) The property is liable for obligations of both spouses and a judgment lien against both spouses upon a joint obligation attaches to the property which may be sold under execution to satisfy the judgment.
