Pennsylvania Motion to Avoid Creditor's Lien

Q: Can you sell a house with a lien on it in PA?

Yes, you can sell a house with a lien, but if it&#039;s possible to get rid of the lien before selling that is always going to be beneficial. The likelihood that a buyer on the open market is going to want to take over a house with a lien on it is very small.

Category:

Bankruptcy

State:

Multi-State

Control #:

US-03348BG

Format:

Instant download

Description

Judicial lien is a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding. If a court finds that a debtor owes money to a creditor and the judgment remains unsatisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor. After imposing the lien, the court issues a writ directing the local sheriff to seize the property, sell it and turn over the proceeds to the creditor.

Under Bankruptcy proceedings, a creditor can obtain a judicial lien by filing a final judgment issued against a debtor through a lawsuit filed in state court. A certified copy of a final judgment may be filed in the county in which the debtor owns real property. A bankruptcy debtor can file a motion to avoid Judicial Lien. A Motion to avoid Judicial Lien can be filed by a debtor in either a chapter 7 or chapter 13 bankruptcy proceeding. In a Chapter 7 proceeding, an Order Avoiding Judicial Lien will remove the debt totally.

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How to fill out Motion To Avoid Creditor's Lien?

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FAQ

The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.

Yes, you can sell a house with a lien, but if it's possible to get rid of the lien before selling that is always going to be beneficial. The likelihood that a buyer on the open market is going to want to take over a house with a lien on it is very small.

A lien is defined as a charge on real or personal property for the satisfaction of debt or duty. The Department of Revenue files a lien with the county Prothonotary Office when an individual or business has unpaid delinquent taxes. When a lien is filed, it becomes a matter of public record.

In order to perfect your lien claim, it must be filed in the prothonotary's office of the county court where the property is physically located. A ?prothonotary? is just an old-school term for the chief clerk of the court. If the property is located in more than one county, then the claim should be filed in both.

Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.

A plaintiff can seize tangible personal property which are items such as household furnishings, jewelry, and business and office equipment.