Guidance on Erasing Judgment Liens Against Property in Alabama
When someone wins a lawsuit against you, they may record a money judgment against your property. This is known as a judgment lien, and it gives the creditor the right to take possession of your property if you don’t fulfill your obligations. Understanding what a judgment lien is, how it works and how to erase it is important for anyone who owns property.
A judgment lien is an involuntary lien that is filed by the court in order to give constructive notice of the debt owed by the debtor. It attaches to all real property owned by the debtor at the time or acquired afterwards until it expires or is released. The lien remains in effect until it has been satisfied or discharged through legal proceedings such as a bankruptcy in Madison County or anywhere else in Alabama.
Judgment liens can be divided into two types: consensual liens and statutory liens. Consensual liens are voluntary agreements between creditors and debtors, while statutory liens arise by operation of law when a court issues a money judgment against a debtor. In either case, these liens remain attached to any real estate owned by the debtor until they are paid off or discharged through legal proceedings.
In some cases, you may be able to have a judgment lien removed from your property without going through legal proceedings. For example, if you have paid off the debt associated with the lien, then you can request that the creditor remove it from your records. You can also ask for removal if there was an error in filing or recording the lien, such as incorrect information about who owes what amount of money. Whether you should talk to a bankruptcy lawyer or divorce attorney in Birmingham, depends on the type of lien and what it is about.
If neither of these options applies to you, then you may need to go through legal proceedings in order to have the judgment lien removed from your property records. Depending on where you live, this could involve filing a motion with the court that issued the original money judgment or requesting that a local Birmingham bankruptcy attorney file suit on your behalf in order to challenge the validity of the lien itself.
In addition to having a judgment lien removed from your records, there are other steps you can take in order to protect yourself from future judgments being filed against your property ownership rights. These include making sure all debts are paid on time and ensuring that any contracts related to real estate transactions are reviewed carefully before signing them so that they accurately reflect both parties’ intentions and expectations regarding ownership rights and responsibilities. Additionally, if possible, try not to co-sign loans for others as this could put your own assets at risk should they fail to make payments on time or default entirely on their loan obligations. Lastly, retaining a local bankruptcy attorney in Decatur, or anywhere else in Alabama, can help in getting rid of debts before a lien is in place.
Overall, understanding what a judgment lien is and how it works can help protect you from losing ownership rights over your property due to unpaid debts or other financial obligations owed by another party. Knowing how to erase one from your records can also help ensure that any future judgments do not affect your ability to own real estate free and clear of any encumbrances or restrictions imposed by creditors seeking repayment of their debts owed by another party.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!
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