Oregon Release of Judgment Lien Against Subject Property

State:
Oregon
Control #:
OR-HJ-206-01
Format:
PDF
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Release of Judgment Lien Against Subject Property

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FAQ

The short answer is, yes, selling a house with a judgment can be done. But most homebuyers expect the title report to come back clean. So you'll need to be upfront about the property lien and have a plan for how you'll address it. You have options for satisfying the judgment creditors.

Judgments and Enforcement: A judgment rendered by the court of the State of Oregon is enforceable for a period of ten (10) years. (ORS 12.070.) Such enforcement period may be extended if action is taken to renew the judgment prior to the expiration of the ten (10) years.

Once a judgment has been entered in California, it can be renewed indefinitely every 10 years. An enforceable judgment may be renewed for a period of 10 years so long as the renewal is filed before expiration of the judgment.

Judgments usually show up under the public records section of your credit report. There was a time when judgments could show up on your credit report at any time, but recent legislation has made it more difficult for them to be reported.

All states have designated certain types of property as exempt, or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they're not worth too much.

Many mortgage companies will not lend to borrowers who have open or recently paid judgments. Judgments also keep credit scores low and can make them so low that you will not qualify for a mortgage even if it has been paid off. The effect a judgment has on your credit lessens over time.

In California, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables. (In some states, judgment liens can be attached to personal property only.)

Oregon judgments expire after 10 years from the date of entry by a court, unless a creditor (i.e., you or your attorney) files a certificate within that 10 year time period to have enforcement of the judgment extended for another 10 years.

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Oregon Release of Judgment Lien Against Subject Property