Judgment liens attach for 10 years and can be extended an additional 10 years. They attach to all property owned by the person at the time of the judgment and even property later acquired by the losing party.
To be clear, judgments are against a person, but liens are not. It is important to note that if the property is transferred, sold, refinanced, gifted, or otherwise conveyed without the lien being satisfied, the judgment remains with the property. If an order is recorded in another county where the losing party owns property, the lien may attach to that property as well. Further, the prevailing party can cause a copy of the order to be recorded in other counties as well. As a result, the real property becomes encumbered and can no longer be freely conveyed to another or refinanced by the “losing party” without satisfaction of the lien – meaning the judgment lien must be paid off. If the “losing party” owns real property in that county, the judgment lien immediately attaches to the real property. How does this work? Once adjudicated as “the winner,” the judge will sign an order, and the prevailing party will record the order in the County’s Clerk of Courts Office where the case was heard.
A judgment lien attaches to real property when an individual or an entity files a law suit against a defending party for some monetary value and wins in a court of law. A very specific, recurring title issue is the discovery of Judgment Liens. Yes, there are many issues that may be discovered in a title search.
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In addition, it may also provide the seller with information that was unknown to them thereby affording the seller the opportunity to fix the problem and sell the property free and clear of any issues. The information that a title search reveals is invaluable, and it may save the buyer heartache and frustration in the future. This may very well be the one to say goodbye to and walk away, or it may be the one to embrace and become excited about purchasing. We encourage buyers to include the cost in their budget and expect it to be a line item on their Closing Disclosure, ALTA Statement, or in some cases, HUD.īuyers are encouraged to consider a title search because, by design, the purpose of a title search is to reveal any issues that may raise a red flag and signal to the buyer that this may not be the property in which to invest their time and money. Having a title search performed is a necessary part of the closing process, and it should not be regarded otherwise. This is the case whether the property is being purchased with cash or financed through a financial institution. As you read through the Real Estate Articles on our site, you will discover a few articles that address the importance of obtaining a title search and subsequently purchasing title insurance prior to closing a real property transaction.
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