Legal Question in Real Estate Law in Indiana

refinance with a lien

My mother-in-law wants to refinance her home.But she has a judgement lien with a creditor. Can she refi without paying the lien?


Asked on 7/14/07, 12:27 am

2 Answers from Attorneys

Johm Smith tom's

Re: refinance with a lien

Only if the creditor agrees.

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Answered on 7/14/07, 7:32 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: refinance with a lien

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. The lien will have priority to the lender and the lender will not accept that. The only possible resolutions are 1. for your mother-in-law to pay the judgment from the proceeds of the refinancing; or 2. to convince the judgment holder to subordinate the lien to the new mortgage.

Scott R. Jay, Esq.

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Answered on 7/14/07, 12:38 am


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