Legal Question in Credit and Debt Law in North Carolina

Judgement against home

I have recently married and we would like to sell his home and put a new one on the lot of the existing. However, we have found that he has 2 credit card company judgements against the property. My credit is without a blemish on it and I will be the one purchasing the new home. We had planned for him to sign over his home to me so that I could sell it and then buy the new one. We don't know how to do this now since finding out about the judgements. He had used his credit cards to pay off debts due to a failed mental retardation group home that he co-owned withe someone else.

What can we do about the judgement? Also, the home is a double wide mobile home and it was bought in a land/package deal. We want to keep the land but move the mobile home off. Do we have any options?


Asked on 3/13/06, 9:39 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Re: Judgement against home

You probably aren't legally able to remove the mobile home at the present time without the permission of the current lender at a minimum. You would not be able to transfer the title without the lender releasing its lien. You don't mention what the balance due is on the house/land, how much it is worth, how much the judgments are, how old they are, what types of collection efforts have been made, and other things which would be specifically needed to decide what's in your best interest.

I would caution you about proceeding further with this until you get some specific advice separate and apart from your husband, in orer to preserve your credit rating. Your husband should also get advice from another lawyer. He may be able to file for bankruptcy and get the judgments voided to the extent they impair his exemptions, and in doing so, he would have to work out a deal with his present lender. As a general matter, if both of you approach the current lender with your plans, because of your good credit, the lender may be able to work with you to provide enough funding to pay off the judgments and do what you want to do. Once again, I do caution you about getting involved in this kind of a deal without obtaining further advice. You may be better off keeping your finances separate from your husband's until he straightens out his credit. I would certainly be cautious about taking on any debt in your name only to obtain funds to pay off any judgments against your husband. I strongly suspect your husband knew about these judgments all along and failed to disclose this to you before you were married. People who handle business matters well don't "forget" about judgments. This does not sound like someone to get involved with financially until he cleans up his own mess, so matter how wonderful a person he may be otherwise.

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Answered on 3/13/06, 12:05 pm


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