Thanks for your question and good evening.
The only way to get this resolved would be for the person to pay off the judgment.I have seen cases where the title company holds his funds here to pay the judgment.But there is no way around a judgment as long as it remains recorded.The whole purpose of recording a judgment os to clouod title and this cloud will prevent it from closing here.
Is the judgment more than the persons portion of the sale?
A title company would not insure the title here.The buyer would be taking the title subject to the lien on the property--the amount of the judgment here.There really sin't a way around this legally .The problem is the four of you do not have good title to the property as there is a lien on it.Unless the lien holder agrees to release the lien if you pay the persons share here--and I doubt they do because they know they have you stuck here there is no way legally to complete the sale.I know this isn't good news but I am being honest.
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The lien expires in 10 years if not renewed.Here is the law
§ 4701. Definitions.
As used in this subchapter:
"Terre tenant" means the grantee of real estate to whom the same has been conveyed, as appears by the last conveyance of the same of record.
23 Del. Laws, c. 200, § 8; Code 1915, § 4300; Code 1935, § 4772; 10 Del. C. 1953, § 4701.;
§ 4702. Time of binding lands.
A judgment shall bind lands only from the time of actually entering or signing it, and not by relation from the first day of the term in or of which it is entered.
Code 1852, § 2396; Code 1915, § 4282; Code 1935, § 4754; 10 Del. C. 1953, § 4702.;
§ 4703. Time entry of judgment upon verdict is effective.
A judgment upon a verdict, if entered before the end of the term next after that in which it is given, shall be deemed to be entered at the same time as the verdict, and shall bind accordingly.
Code 1852, § 2397; Code 1915, § 4283; Code 1935, § 4755; 10 Del. C. 1953, § 4703.;
§ 4704. Ascertaining amount of judgment; time of entry.
A judgment given, amount to be ascertained by the Prothonotary or other person, shall bind from the time of its entry, if the amount is ascertained and entered upon the docket before the first day of the term next after that in which the judgment is given; but otherwise only from the time of entering upon the docket the ascertained amount.
Code 1852, § 2398; Code 1915, § 4284; Code 1935, § 4756; 10 Del. C. 1953, § 4704.;
§ 4705. Priority of judgments entered same day.
If several judgments are entered against the same person, on the same day, the first entered has priority. If where there are several judgments against the same person, it does not appear, by the entries, which was first entered, they shall, when given in actions previously commenced, have priority according to the priority of the dates of the actions in which they are respectively given.
Code 1852, § 2399; Code 1915, § 4285; Code 1935, § 4757; 10 Del. C. 1953, § 4705.;
§ 4706. Entry during term; docket date.
A judgment entered during a term, if the day of entering it does not appear by the docket, shall be postponed to a judgment entered during the period of the same term, the day of entering which does appear by the docket. None of the foregoing regulations shall contravene the provisions of § 4703 of this title, respecting judgment upon a verdict.
Code 1852, § 2400; Code 1915, § 4286; Code 1935, § 4758; 10 Del. C. 1953, § 4706.;
§ 4707. Justice of the peace and Court of Common Pleas judgments.
Sections 4702-4706 of this title do not extend to judgments before a justice of the peace or to judgments of the Court of Common Pleas.
Code 1852, § 2401; Code 1915, § 4287; Code 1935, § 4759; 10 Del. C. 1953, § 4707.;
§ 4708. Supreme Court judgments.
A final judgment of the Supreme Court, given upon the reversal of a judgment of the Superior Court, shall bind real estate in the county wherein were the proceedings in the court below, from the date of entering it in the Supreme Court, if, the record being remanded, the judgment is entered upon the docket of the court below within 20 days after such date. If the judgment is not so entered within such time, it shall be a lien only from the time of entering it upon the docket of the court below.
Code 1852, § 2402; Code 1915, § 4288; Code 1935, § 4760; 10 Del. C. 1953, § 4708.;
§ 4709. Prothonotary to enter Supreme Court judgment.
The Prothonotary of the court below to whom a record remanded with a duly certified copy of the proceedings and judgment of the Supreme Court is delivered, shall without delay file it, and enter upon the docket of the court below, in connection with the entries of the proceedings in the cause in the court, the proceedings and judgment of the Supreme Court, with the date of making such entry.
Code 1852, § 2403; Code 1915, § 4289; Code 1935, § 4761; 10 Del. C. 1953, § 4709.;
§ 4710. Effect of Supreme Court judgment.
(a) The entry, made under § 4709 of this title, shall be a record, and the judgment, so entered, shall have the same force and effect as a judgment of the court below, and shall be executed by the process of that court in like manner as judgments of such court. The lien thereof may be extended to lands and tenements in another county by means of a testatum fieri facias entered of record in the office of the Prothonotary of the county.
(b) The lien of a judgment shall not be extended by affirmance to real estate not bound by the original judgment.
(c) A judgment of the Supreme Court shall not bind real estate otherwise than as prescribed by this section.
Code 1852, §§ 2404-2406; Code 1915, §§ 4290-4292; Code 1935, §§ 4762-4764; 10 Del. C. 1953, § 4710.;
§ 4711. Time limitation of judgment lien; extension of time.
No judgment for the recovery of money entered or recorded in the Superior Court, whether rendered by that Court or transferred thereto from the Supreme Court, or from the dockets of a justice of the peace or the Court of Common Pleas, or operative by virtue of any writ of testatum fieri facias, or otherwise, howsoever recorded in the Court, shall continue a lien upon real estate for a longer term than 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which the judgment is recovered or rendered shall not be due and payable at or before the time of its entry or recording, the day on which such money shall have become wholly due and payable, unless, within the term of 10 years, the lien of such judgment is renewed and continued by a written agreement, signed by the plaintiff, or if there is more than 1, 1 or more of the plaintiffs therein, or the assignee or assignees thereof, or the person or persons to whose use such judgment shall have been marked, such person's or persons' executors or administrators, and by the defendant or defendants therein, such defendant's or defendants' executors or administrators, and, in order to bind lands conveyed by the defendant or defendants by deeds of record subsequent to such judgment, the terre tenant or terre tenants of the real estate bound by such lien, or, in case of a judgment upon a mechanic's lien, the terre tenant or terre tenants of such real estate, or by the attorneys of record of the respective parties to such judgment, or of the persons interested therein, in substantially the following form, after stating the title of the cause: "It is agreed that the lien of this judgment shall be extended for the term of 10 years," filed in the office of the Prothonotary and by the Prothonotary minuted and certified upon the record of the judgment, or of the testatum fieri facias, as the case may be, or by scire facias, in manner set forth in this section. If a writ of scire facias is sued out of the Court before the expiration of the term of 10 years, and the term expires during the pendency of the proceedings upon the scire facias, the lien of the judgment shall continue until final determination by the Court of the rights of the respective parties thereto, or until the discontinuance or dismissal of such scire facias. If final judgment in such scire facias is rendered against the plaintiff or plaintiffs therein, and an appeal or a writ of error is taken, and the Supreme Court renders final judgment thereon in favor of the plaintiff, plaintiff in error, or appellant, the lien of such original judgment shall be restored and continued. Such restoration or continuance of the lien by such final judgment of the Supreme Court shall not in any manner affect or be operative as against any bona fide purchaser, mortgagee or judgment creditor, who becomes such after the entry of such final judgment by the Superior Court upon such scire facias and before the noting upon the record of such final judgment in such scire facias of the taking of the appeal or writ of error.
No judgment which is a general lien, including judgments for costs and judgments in favor of the State or any political subdivision thereof, shall remain a lien for more than the 10-year period hereinabove provided, unless renewed for a further 10-year term in accordance with the provisions of this section.
This section shall not apply to those judgments entered of record pursuant to court-ordered restitution awards as provided in § 4101(b) of Title 11.
19 Del. Laws, c. 778, § 1; 22 Del. Laws, c. 457, § 1; 23 Del. Laws, c. 200, § 1; Code 1915, § 4293; Code 1935, § 4765; 10 Del. C. 1953, § 4711; 50 Del. Laws, c. 319, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 27, § 9.;
§ 4712. Effect of extension; subsequent renewals.
Immediately from and after the minuting and certifying upon the record of the original judgment, or of the testatum fieri facias, as the case may be, of the agreement for the extension of the lien thereof, or the entry of final judgment in the Superior Court in favor of the plaintiff or plaintiffs in the writ of scire facias, or the entry of final judgment in the Supreme Court restoring and continuing such lien, such lien shall continue for the further term of 10 years next thereafter unless sooner lost by final judgment of the Supreme Court. In like manner and with like effect such liens so renewed or restored and continued may, by a like agreement filed, minuted and certified upon the record of such original judgment, or of such testatum fieri facias, as the case may be, before the expiration of the extended term or by final judgment in scire facias, be again renewed or restored and continued for the further term of 10 years, and so from time to time as often as is found necessary.
19 Del. Laws, c. 778, § 2; 22 Del. Laws, c. 457, § 2; 23 Del. Laws, c. 200, § 2; Code 1915, § 4294; Code 1935, § 4766; 10 Del. C. 1953, § 4712.;
§ 4713. Seizure of real estate by execution after losing lien.
No real estate shall be seized or taken by virtue of execution process upon any judgment, for the recovery of money, entered or recorded in the Superior Court, after the expiration of the term of 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which such judgment was recovered or rendered was not due or payable at or before the time of its entry or recording, the day on which such money became or becomes wholly due and payable. At the expiration of the term of 10 years the lien of such judgment upon real estate shall be lost, unless within the term of 10 years such judgment is renewed and continued by agreement filed or by scire facias sued out in the manner provided in §§ 4711 and 4712 of this title. All the provisions of such sections, not inconsistent with this section, shall be applicable for the renewal or restoration and continuance and preservation of the lien of the judgments mentioned in this section, and as to the force and effect and the loss of such lien.
19 Del. Laws, c. 778, § 3; 22 Del. Laws, c. 457, § 3; 23 Del. Laws, c. 200, § 3; Code 1915, § 4295; Code 1935, § 4767; 10 Del. C. 1953, §
The judgment is not against the piece of property. It is against a car. The judgment has nothing to do with the land .
But the judgment if recorded liens any real property.It might have been a suit on a car note but the judgment once recorded here goes against any real property the person holds title or partial title to.
If a judgment is entered by the court against the defendant, a lien automatically attaches to all property of the defendant in the county where the court is located. The lien doesn't attach to property in another county until the judgment is filed with the clerk of the court in that county.
Eventually they may seek to foreclose on the property here.Apparently they haven't looked in the other county or they would have recorded it there.
But it liens any real property in the county its recorded.
The land was probated by WILL in Spartanburg court. Can we use that fact to do the deal and use a Spartanburg closing attorney?
Has the land been deed to the person here who has the judgment or would the executor here be deeding it in the sale?
And yes you could try to slip it buy here in Spartanburg if there is no judgment recorded.
And the Spartanburg piece is free of any judgment so at least you could do a partial if they find it in Spartanburg.
It was deeded to the heirs of three of them and their step brother. How do we go about trying to do this in Spartanburg county? Use a different attorney who practices there, or let our current attorney work it out?
How do we go about trying to do this in Spartanburg county? Use a different attorney who practices there, or let our current attorney work it out?Either way.You current lawyer may find away around this or at least the part in Spartanburg.You would do well to sell at least that part before they file the judgment over there.They obviously aren't too sharp in looking for assets.
See if the current lawyer can figure out a way around the judgment so you can close.
I am wondering if it is possible that the lawyer here could do a quitclaim where the one that has the judgment quitclaims it back to the three who then sell it.Ask him about that as a possibility.
Or at least a partial sale of the Spartanburg property.He really needs to get at least this part out of his name before they record judgment over in Spartanburg.
These are ideas to go over with the local lawyer and see what he can do for you to get the sale done.
Thank you. we will do that with our attorney tomorrow A. M.
You're welcome.Thanks for the chat.If you can click accept it is much appreciated.
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