Legal Question in Real Estate Law in Virginia

judgements

my father in law took me and my husband to court for money we owed him.he wa awarded a judgement against us. he has now gotten a abstract of judgement against our home. we received a letter from him today threating to force us to sell our home because of it. can he force us to sell?

Asked on 7/18/08, 9:18 pm

1 Answer from Attorneys

Jim Bowman James E. Bowman PLLC
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Re: judgements

Yes, he may get the court to force a sale of the property if the court determines its the only way to satisfy the debt. Based upon your particular facts, you may be able to claim an exemption for your home to prevent the sale. It really depends on the amount of the debt, the value of the house and the value of any existing mortgage on the property. Typically the court will only order a sale if the sale would pay off all the liens/debts on the house after all available exemptions are claimed.

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7/18/08, 9:43 pm

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