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Are you saying that the creditor had a judgment against your father and recorded that judgment as a lien against the home?
hello. not sure about jugement but was done after his death.
How did you find out about it? Did it come up in a title search that was done as part of the sale?
Okay, thanks for the information. That means that a judgment has been filed as a lien against the property. Unfortunately, the lien is required to be paid as part of the closing on the property before you receive any of the net funds from the sale. I wish I had different news for you - I hate giving bad news, but unfortunately this is the law on your particular question. Please understand that I'm only telling you what the law provides for, so please don't shoot the messenger. Please also let me know if I can provide additional information or clarification.
hello. if i keep home can i be forced to sell?
Do you now reside in the home as your primary residence?
not at the momet.
hello. utilitys are still on.
Okay. Unfortunately, since the home is not your primary residence, it is not exempt from a creditor's claim. As such, the creditor could foreclose on its lien interest, forcing the sale of the property.
hello what if i make it my primary residence?
Then at that point you get the homestead creditor exemption protection of $15,000 of your equity in the property. They could still foreclose, though, because the exemption doesn't fully cover the amount of debt owed for the lien that is attached. They might not foreclose if they couldn't fully cover all costs, expenses, and pay the $21,000, but they would have that right.
hello do i understand if i was forced to sell then i would be able to collect 15,000
Yes, sorry I didn't make that clear. If you homestead the property and then they force you to sell, then you get your homestead amount first $15,000. Then their other expenses costs are paid. After that, anything that's left would go to them to satisfy the $21,000 judgment.
hello.thank you arthur.thats all
You're welcome. Please let me know if I can help with anything in the future. I would be grateful if you would please leave me a positive rating for my time assisting you today. Thanks!
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