Posted by Kristin on January 08, 1999 at 17:16:30:
I’m glad you brought that up.
In addition, if I’m not mistaken, the information itself is wrong. It is my understanding that a judgment placed on a property during the time that the homeowner is in residence can be removed, as it is invalid. The owner doesn’t even have to file for homestead exemption, as long as he is able to prove that the judgment was placed while he lived in the property. Even if he moves out later, the judgement can be wiped, because the time it was filed is what determines the validity.
I have been told that this loophole is not well known, and many judgement holders are paid anyway, because very few people know how to obtain the release.
I just got a list of cases from my attorney that apply to this ruling, and it looks like we’re going to be able to use the info to remove a judgement from a property we bought at auction recently.