Florida  |  Real Estate Law

Legal Question

Asked on: 9/18/13, 3:48 pm

I have a judgement against me and myself and siblings are trying to sell a house of my late mother in the same county. Do I have to pay the judgement off before I can inherit the proceeds. There is no lien against the property just me.

1 Answer

Answered on: 9/19/13, 1:47 am by Barry Stein

Your share of the home that you sell is subject to the judgment lien against you. The purchaser if they do what they need to protect themselves will require that you satisfy the judgment from your share of the house. If the judgment is less than the share you get, then you get the balance. If it is more than your share, then you get nothing. You can always try to negotiate the judgment in advance of sale and try to satisfy it for less than its face value. Hire an attorney to assist you.

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