Alabama Release of Judgment Lien - Abstract of Judgment

State:
Multi-State
Control #:
US-OG-538
Format:
Word; 
Rich Text
Instant download

Description

If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

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FAQ

Non-purchase-money security liens. Statutory liens. Mechanic's liens / tax liens. Judgment liens.

The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an ?abstract of judgment,? is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.

Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).

An abstract judgment in real estate is also called a property lien. It's a lien against any real property you own in a particular county. This is separate from any mortgage that you may have taken out on the property.

This aspect of a tenancy in common is important to remember as it means that your co-owner could sell his/her interest to anyone. More importantly, your co-owner could cause a lien to be placed against the property or could use his/her share in the property as collateral for a loan.

At any time while the papers in any case in which a judgment has been rendered by a general district court are retained by the court, the judge or clerk of the court shall certify and deliver an abstract of the judgment to any person interested therein.

The Abstract of Judgment will place a lien on any property that is in the name of the judgment debtor. A simple rule of thumb is to record a lien in the county where the judgment debtor resides or does business. You must: Wait 30 days from the date of mailing of the Notice of Entry of Judgment.

The creditor can enforce the default judgment through a variety of methods. 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.

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Alabama Release of Judgment Lien - Abstract of Judgment