Legal Question in Credit and Debt Law in North Carolina

I have judgments for credit card in 2009,me in my wife thing to sell the house they able to collect any money for the sale the house is both name thank you.


Asked on 10/06/15, 3:58 pm

2 Answers from Attorneys

This question is poorly phrased. I am not sure what you are asking here.

You indicate the house is in both names. Who is the judgment against? You or your wife or both?

If the judgment is just against you and your name is on the deed to the home, you will have to satisfy the judgments at the time of sale. You cannot just deed over your share of the house to your wife either. That would be a fraudulent conveyance (unless its part of a divorce settlement) and anyway the lien stays with the property.

My advice to you would be to settle the judgments. How much are they and do you have the money to do so, either now or by the time you sell the property? Judgments in NC last for 10 years and can be renewed for an additional 10 years so the judgment is good until at least 2019 if it was entered in 2009.

If you have the funds, I can resolve for you for a reasonable fee. Please contact me at [email protected] if interested.

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Answered on 10/06/15, 8:50 pm
Lynn Coleman Attorney-Mediator

Ms. Hunter is correct. If you have judgments against you only, and the title to the house is in your name and your wife's name as tenants by the entirety, the judgments will not get paid from the proceeds of the sale of the house. This assumes the title to the house was set before the judgments were entered. She is also correct that the judgments are good for 10 years and are easily renewed for another 10 years. There is a debt buying company owned by an attorney in Charlotte who has been buying judgments that are 9 years old and filing to renew these judgments just before the 10 years is up, so these judgments may not go away.

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Answered on 10/07/15, 11:44 am


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