Legal Question in Real Estate Law in Illinois

Judgement lien

I was recently awarded judgement in a lawsuit. The defendent has two properties I will attach liens to. One property will cover the judgement if sold but the other is worth a few thousand less then the judgement, can I still put a lien on that property and what happens if its sold?. Do I recieve all of profit and have a remainder to my judgement?


Asked on 9/18/08, 1:00 pm

2 Answers from Attorneys
David Grisamore Law Offices of David T Grisamore

Re: Judgement lien

You want to record a "memorandum of judgment" with the county recorder of deeds. That will act as a lien on all of the defendant's real estate in the county. When the judgment is satisfied you will give them a "release and satisfaction" that they can record.

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Answered on 9/18/08, 1:56 pm
Motty Stone Law Offices of Motty Stone

Re: Judgement lien

If you attach the lien to the lesser property, then you will have to get a deficiency judgment if that property is sold. I would go with the greater in value for attachment.

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Answered on 9/18/08, 9:30 pm


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