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I have a judgment aginst me Capital one can they put a

Customer Question
I have a judgment...

I have a judgment aginst me dan Capital one can they put a judgment on my house I live in AZ

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Az

Lawyer's Assistant: Has anything been filed or reported?

Just the judgment so fat

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not have more the 22.dollars in my account

Submitted: 10 months ago.Category: Legal
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Customer reply replied 10 months ago
I am disabled co I can not work
Answered in 5 minutes by:
10/2/2017
Lawyer: Loren, Attorney replied 10 months ago
Loren
Loren, Attorney
Category: Legal
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Lawyer: Loren, Attorney replied 10 months ago

Per ARS §33-964 B it is clear that homestead property is exempt from most judgment liens (including creditor card judgements). It is no longer required to record a declaration of homestead to protect your home. A homestead is automatic in Arizona for a personal residence and protects up to $150,000.00 of equity value.

Since 2008 the rule in Bankruptcy Court has been in accord. In re Rand, 400 B.R. 749, 750 (2008) held that, under Arizona law, recorded judgment liens do not attach to homestead property and this is true even if the value of the property exceeds the cap on the value of the exemption.

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Lawyer: Loren, Attorney replied 10 months ago

Did you have further questions? Please let me know if your questions was answered satisfactorily.

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Lawyer: Loren, Attorney replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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