Legal Question in Credit and Debt Law in North Carolina

when married my husband and I owned a home and we divorced.Their was a judgement placed on the home but it was my judgement alone.When we divorced I did a quit deed and gave home to him.Lien is still on home but I don't own it .What can I do to to get lien removed.I have tried to work with firmto lower the 5000.00 owed and now contemplating bankruptcy.How can I get my lien off of house?


Asked on 1/20/15, 10:23 am

2 Answers from Attorneys

I am not sure how you were able to do this. Once judgment liens attach to real property they stay with that property.

There are only 2 ways to get this lien removed:

(1) settle the debt; or

(2) file bankruptcy.

If this is your only debt, then I would recommend settlement.

What is the judgment for? Who is the creditor? Who is the law firm representing the creditor? When was the judgment entered? Most debts can be resolved if this is for something like a credit card or other unsecured debt.

If you want to discuss the particulars of your case in confidence, please contact me at [email protected].

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Answered on 1/20/15, 11:12 am
Lynn Coleman Attorney-Mediator

Who is telling you the judgment is still enforceable as a lien on the house, the debt collector or a title attorney? The judgment never attached to the property because you and your husband owned it as tenancy by the entireties. The judgment is still personally enforceable against you - it did not go away - but it sounds like it should never have attached to the property.

I need more details. If your ex husband is telling you that he cannot sell or refinance the house because there is a judgment lien? or, are you just being told something by a debt collector?

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Answered on 1/21/15, 9:53 am


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