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Updated almost 10 years ago on . Most recent reply

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Rodney D.
  • Haymarket, VA
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Does a Judgement Attach to Property or Owner in Foreclosure?

Rodney D.
  • Haymarket, VA
Posted

Here's a cool and interesting case that is happening tomorrow in Virginia:

I'm looking at a property going to foreclosure which was purchased in 1998.  Married wife/owner has satisfied multiple trusts and now has a 2008 1st Trust being foreclosed upon tomorrow.

Due diligence has uncovered a $14,000  Hospital Judgement docketed on 2006 (so having priority over the current, foreclosing, 1st trust)

BUT... the judgement does not have any address associated with it (found it under the owners name).  

 AND the judgement lists both the husband and wife's name as defendants.   Husband is not on the deed to the property - just the wife (as married, party of the second).

1. Does the judgement attach to the property even if the address is not specified?

2. If it does, is it 50% of the amount of the judgement, or the whole enchilada?

3. Is it true that judgments have an active "shelf-life" of 10 years, barring any renewal recordations? Or do they remain active forever?

Thanks!

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

That's not the case anywhere I'm aware of.  A judgment IS a lien against property, it doesn't have to becalled a "lien".  In most states a judgment attaches to all  property owned by that  person, now or in the future.  Addresses/legal descriptions never have to be specified.  But, a local title co./attorney can confirm.

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