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I have a judgement against me in Arizona. The Judgement was…

I have a judgement...

I have a judgement against me in Arizona . The Judgement was recorded with my personal residence . My residence is in a Revocable Trust . It seems to be stopping the Refi that I Am trying to get at this Time . Since the Judgement was in my name and not the Trust can A judge get the judgement separated from the title ?

Lawyer's Assistant: Have you talked to an AZ lawyer about this?

Yes but no clear answer

Lawyer's Assistant: What steps have you taken so far?

Refi APP and settlement talks with creditor

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

Title co. Said it is possible tricky for title insurance to approve but possible ive been told

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Answered in 2 minutes by:
3/20/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,855
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, a REVOCABLE trust does not protect your residence from a judgment, only a IRREVOCABLE TRUST would protect your home. So, I am sorry to say that if there is a judgment and your home is in a revocable trust, the judgment may be placed on your home just like it would be placed on your person and the judge will not be able to separate the judgment from the title.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,855
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Customer reply replied 3 months ago
I was told that HUD would allow for a Reverse mortgage REFI with the Judgement on the House Problem is most Title insurance companies will not allow . For purposes of the Reverse Mortgage Refi wondering if Judgement could be set aside by a court ?
Customer reply replied 3 months ago
FHA will allow
Customer reply replied 3 months ago
also upon my death will this judgement follow to my relatives in the trust per the home ? Can I Change my Trust to irrevocable with judgement in place ?

Thank you for your reply.

Most mortgage companies or title companies will not allow the reverse mortgage on the house unless the money from the reverse mortgage is going to be paid to the judgment. If it is not getting paid on the judgment that would not work. You cannot get the judgment removed from the house just because of a refinance I am afraid.

If the judgment is on the home, the judgment remains on the home whether your put it in a trust or not or after your death I am afraid.

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