Judgement Lien and Probate

[Andrew Yu]

I encountered a seller that inherited a house from his deceased father. He went thru a small estate court in Arkansas, got affidavit and has the right to sell the property but hasn't done so. But recently he discovered the property has about 55K judgement lien on it. But the ARV is around 200K.

So my question is... does he have to go through full probate in order to sell the property? Also does the 55K judgement lien have to be paid off before he sell, or it can be paid simultaneously like a mortgage loan when the buyer wires in money on day of closing?

[Dustin Davis]

2 easy ways to answer that question... call your attorney and call you closing agent. They will have more sound advice than you can get on a forum. I can 100% guarantee you that no one credible will give you a yes or no answer without reviewing the documents and the situation. If you’re trying to avoid the cost of legal consult you’ve already lost and will pay for it at some point even if you get lucky this go round.