Alabama Lien on Real Property Regarding Judgment in a Federal Court

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US-00970BG
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Description

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances.

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FAQ

Question: What type of lien arises as a result of a judgment, estate or inheritance taxes, a decedent's debts, or federal taxes? Answer: The answer is general. Each creates a general lien?a claim against all personal and real property of the debtor.

For example, a judgment lien attaches to property when a creditor registers the judgment with the office of probate court in the county where the debtor's property is owned. It will stay attached for 10 years, even if the property is transferred to someone else.

A judgment is a general, involuntary, equitable lien on both real and personal property owned by the debtor.

GENERAL LIENS: Involuntary liens, usually affect all of a debtor's property both real and personal, and include judgments, estate and inheritance taxes, income tax, debts of a deceased person, IRS taxes, and federal judgement liens, TWC Wage Lien.

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).

A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.

A judgment lien is a type of non-consensual lien (a lien that attaches to a property without the owner's agreement). It's created when someone wins a lawsuit against the property owner and then records the judgment against an asset such as a house, land, bank account, or other personal assets.

A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.

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Alabama Lien on Real Property Regarding Judgment in a Federal Court