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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33491
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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As we were attempting to refinance our primary residence, our

Resolved Question:

As we were attempting to refinance our primary residence, our potential lender told us that we had a "judgement" against our primary residence, a Lien against a rental property we own and a judgement against my husband. We knew about the Lien against our rental property. In 2008, we went to arbitration and lost when the current owners of our previous home filed against us for "non-disclosure". There is no reason to go into detail on this action. However, these people (Gregory and Sheryl Hurner) have placed judgements against us for both of our homes and filed negative actions with credit institutions. Is this double jeopardy? We were under the impression that a judgement can't be placed upon our primary residence.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

"Double jeopardy" refers to the act of the government in prosecuting a person criminally for committing the same crime more than once. It has no application to any civil judgment or action.

That said, if you are married, and you have less than $75,000 of equity in the property, then the creditor cannot sell your property to satisfy the liens. But, the liens are lawful, if you or your husband are named on title to the property and you or your husband are liable for the judgment under which the lien was filed.

A judgment lien expires after 10 years from the date that judgment was originally entered into the court record (not the date of recording the lien with the county clerk), unless the creditor renews. Most creditors do not renew, but it's possible, so at this point, your only recourse is probably to wait out the 10 years and see what happens.

Hope this helps.

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33491
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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