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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can a current judgement place a lein on a home I am getting

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Can a current judgement place a lein on a home I am getting ready to purchase? I ran a credit check on myself along with background check and the judgement doesn't show up however it is in the database on Maryland Judiciary Case Search. I was told my son's attorney that since he filed bankruptcy that the judgement would not affect me. "history here is that my son and I purchased a home together and it was forclosed on in 2009 however the mortgage insurance company sued us for the difference of the sell price and what was owed on the loan".
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Can a current judgement place a lein on a home I am getting ready to purchase?

I am afraid so. Rather, they can if they find out about it.

In Maryland, judgments may be enforced for 12 years, under Cts. & Jud. Proc. §5-102(a)(3). As such, when there is a judgment, the judgment creditor may place a LIEN on any titled property that the Defendant acquires, even if that acquisition takes place later on after judgment.

Ergo, if they ever find out about the property, they can lien it. Now, that does not mean that they can sell it, but, it would likely be harder for you to sell it, and, any money paid for the sale would be re-directed to them for satisfaction of judgment (at least, the part of the money that is needed for judgment).

Ergo, yes, they may lien the property, I am sorry to say, but, only if they find out about it. Many simply do not bother continually searching for new property by the Defendant after doing the initial post-judgment sweep for property using public records and post-judgment interrogatories.

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Customer: replied 3 years ago.

Thank you for your answer. So can I file bankruptcy to disolve the judgement (only) and keep all other debts and property?

The bankruptcy only absolves HIM of any debt, not you, I am afraid. But if you yourself file the bankruptcy, then it should indeed absolve the debt, or, render it for pennies on the dollar, while allowing you to keep everything else - there are two primary types of bankruptcies - you can see which is right for you here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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