Posted by Irwin on April 30, 1999 at 24:34:31:
That’s a rather bizarre law you have there. If one can tie up another’s property merely by bringing suit, I don’t see how business operates in that legal climate. The promoters of land trusts, and other asset sheltering programs must have a field day.
Liens, Judgements and Titles - Posted by John Katitus
Posted by John Katitus on April 26, 1999 at 24:43:55:
Given a Title Search that shows existing liens on a property and judgements against the owner, can I assume that if a lien for a specific judgement is not filed before the deed is transferred to me, it cannot be filed against the property? What if the property is deeded into a Land Trust? Thanks.
Re: Liens, Judgements and Titles - Posted by Irwin
Posted by Irwin on April 26, 1999 at 22:56:55:
Each state is different on this point. In Indiana, the judgment becomes a lien (against the judgment debtor’s property in the county where judgment is entered)) the instant it is entered by the Court. No other filing or recording is necessary. If title passes before judgment is entered, no (judgment) lien can attach to the property.
Re: Liens, Judgements and Titles - Posted by Kelly
Posted by Kelly on April 26, 1999 at 01:17:57:
John, i’m not sure about whether the judgement can be
placed on your property if you already have the deed or not, but in Indiana you can find out if there is a judgement pending, called a lis pendens, which is recorded at the courthouse…
Re: Liens, Judgements and Titles - Posted by Joe Kaiser
Posted by Joe Kaiser on April 29, 1999 at 11:06:36:
Same in our state, a judgment becomes a lien the moment it’s filed . . . except the homestead exemption has a couple provisions that may mean the lien does not attach to the debtor’s homestead property.
A friend of mine was sued and a year before the court date transfered a rental property to his adult child. When he later tried to sell, (again, well before any court date or judgment being rendered), the title came back with a notation that it was “deranged” as a result of the transfer. Apparently, a deranged title is not a good title and he eventually had to pay the subsequent judgment just to get the property sold.