Legal Question in Credit and Debt Law in Nevada

Nevada Homestead

Recently discovered (while trying to refinance) a Transcript of Judgment Lien was recorded on our home in Las Vegas July-2007. This 5+ year old out-of-state judgment was assigned from the original creditor to this third party on 3/30/2007. Prior to the Assignment and recording of the Judgment Lien, we had already filed/recorded a Homestead Declaration. Can this Judgment Lien be enforced? Or are we protected? Is there a notice I must submit to the court/creditor if I am legally within--name removed--rights to fight this Lien? Your guidance/advice would be greatly appreciated.


Asked on 2/11/08, 6:31 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Nevada Homestead

The other issue is whether the judgment is still collectible. Nevada judgments have to be renewed every six years. I know California and Federal judgments are every 10 years. May be the state from where the judgment is issued is shorter or maybe if it is six years, you can wait a little bit.

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Answered on 2/12/08, 5:53 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Nevada Homestead

Your Homestead should trump the purported judgment lien enforcement, up to the current amount of equity protection under Nevada law.

One question raised by your inquiry is whether the foreign judgment was properly domesticated in Nevada.

Your attorney can explain further.

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Answered on 2/11/08, 6:41 pm


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