Judgment Against Property With Bad Credit In Wayne
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FAQ
Yes, a seller can sell a house while going through litigation, but it requires careful handling. Sellers must disclose the litigation to potential buyers, which can affect financing options and marketability. Legal advice is crucial to ensure compliance with laws and proper disclosure.
Here are four ways to avoid paying a judgment: 1) Use asset protection tools such as an asset protection trust, 2) use legal exemptions, 3) negotiate with the creditor, 4) file for bankruptcy.
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 process in California, and in many states, requires that the unsecured creditor file a lawsuit against you for the debt. The creditor cannot simply go and record a lien on your property for the debt owed.
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.
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.
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.
Adverse credit history, collections and defaulted accounts that were not settled through a debt repayment program (i.e. orderly payment of debt, credit counselling, consumer proposal), are removed automatically from your credit report after six years from the date the account first went delinquent.
On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied. “On application” means that the applicant needs to serve on the plaintiff a copy of the application and file with the clerk of the court the application.
If default judgment has been entered incorrectly then the court will set it aside, although an application will usually need to be made.
