Posted on: 02nd May, 2007 07:20 am
my husband was transfered by his job. we need to sell the house. in order for the company to pay benefits for the relocation, the house has to be in his name. it is currently in my name. he has judgements against him. if we do a quit claim deed, will those judgements be against the property?
Hi Rayjewels,
Judgments have already been placed against your husband so a lien cannot be placed on this house that he will be getting from you using a quit claim deed.
Judgments have already been placed against your husband so a lien cannot be placed on this house that he will be getting from you using a quit claim deed.
Hi Ray,
Welcome to Mortgagefit discussion board.
Judgment from a city court can be levied only against your husband personal property. However, after becoming aware that property is been quit claimed to him, the creditor can obtain a TRANSCRIPT OF JUDGMENT by paying a fee to the city court. And then file this TRANSCRIPT OF JUDGMENT with the County Clerk's office.
By doing so creditor will be able to create a lien against the property which your husband will own after you quit claim it to him.
As it involves paying fees to the city court as well as at the County Clerk's office at the time of filing the TRANSCRIPT OF JUDGMENT, the creditor might not select to create a lien against the property. But you cannot know for sure what they will do.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
Judgment from a city court can be levied only against your husband personal property. However, after becoming aware that property is been quit claimed to him, the creditor can obtain a TRANSCRIPT OF JUDGMENT by paying a fee to the city court. And then file this TRANSCRIPT OF JUDGMENT with the County Clerk's office.
By doing so creditor will be able to create a lien against the property which your husband will own after you quit claim it to him.
As it involves paying fees to the city court as well as at the County Clerk's office at the time of filing the TRANSCRIPT OF JUDGMENT, the creditor might not select to create a lien against the property. But you cannot know for sure what they will do.
Do let me know if you have any other questions.
Thanks
Blue
Rayjewels,
What type of judgment is issued against your husband?
What type of judgment is issued against your husband?
I want to see in writing somewhere how this works. Does anyone know where I can find this?
Hi Rayjewels,
You can read the details of the steps creditor might take to get a judgment for placing a lien on your property from this page: http://www.courts.state.ny.us/ithaca/city/webpageJudgement.html#leinproperty
Miller
You can read the details of the steps creditor might take to get a judgment for placing a lien on your property from this page: http://www.courts.state.ny.us/ithaca/city/webpageJudgement.html#leinproperty
Miller