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Judgment Lien On Jointly Owned Property In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-0025LTR
Format:
Word;
Rich Text
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FAQ
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.
Yes, a lien can be placed on a jointly owned home in New York, but it is attached only to the debtor-spouse's interest (share) in the property.
Creditors Can Go After Some Jointly Held Assets In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts. The assets are considered community property.
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.
On the contrary, an involuntary lien can be placed on a property regardless of whether the owner wants it on their property. In other words, an owner's property can be claimed against their will if payments aren't made in a specified time period.
Monetary judgments, mechanic's liens, broker's liens and notices of pendency can be searched in our White Plains office or at Westchester Records Online. As required by New York State Law, judgments and liens are permanent records accessible by the public.
Property Lien Search By Address Visit or contact any of the following entities in person or through their websites: The county clerk's office or website. The tax assessor's office or website. Property search websites.
A judgment lien is valid for ten years. N.Y. C.P.L.R. § 5203.
You can search for property records and property ownership information online, in person, or over the phone with a 311 representative. Property owners of all boroughs except Staten Island can visit ACRIS. To search documents for Staten Island property, visit the Richmond County Clerk's website.
More info
To attach the lien, the creditor files the judgment transcript with the county clerk in the New York county where the debtor's property is located. A judgment lien arises when a court rules you owe a debt, allowing the creditor to claim your nonexempt property until the debt is paid.The judgment creditor must obtain a transcript from the Queens Civil Court and file it in the Queens County Clerk's Office. This article will deal with the three joint ownership structures in New York and discuss their basic characteristics. Judgment is recorded or transcripted in the county in which the judgment debtor has real property, the judgment may result in a lien against the real. According to New York law, you can attach a judgment lien to your debtor's real estate, whether they own a freestanding house, a condo, or land. How can I vacate a default judgment or lien? They can also file the lien in any county where the property owner owns real estate. Another important fact to be considered is the nature of the judgment debtor's interest in the property. Take the certified Abstract of Judgment and the copy to the county recorder's office in the county where you think the debtor owns real estate.
