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Judgment Lien On Jointly Owned Property In Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-0025LTR
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Word;
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FAQ
(2) The property is liable for obligations of both spouses and a judgment lien against both spouses upon a joint obligation attaches to the property which may be sold under execution to satisfy the judgment.
A judgment lien is created automatically on any property owned by the debtor in the North Carolina county where the judgment is entered. For any debtor property found outside the county, the creditor must file the judgment with the county clerk for the county where the property is located.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under. Before discussing the terms of joint ownership, it's important that you understand exactly what liens are and what they may mean for you and your investment.
(2) The property is liable for obligations of both spouses and a judgment lien against both spouses upon a joint obligation attaches to the property which may be sold under execution to satisfy the judgment.
Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this ...
All debts and liabilities incurred during the marriage, including mortgage, credit card debt, student loans and marital business debts, are considered part of the marital property. In other words, you are both responsible for the debt, and it is considered part of the marital estate.
(a) With respect to property held by spouses as tenants by the entirety prior to its termination, all of the following shall apply: (1) The property may not be held liable for individual debts of either spouse and a judgment lien against one spouse alone does not attach to the property.
The NC law clearly gives the creditor a 10 year period to enforce his lien and the statutes, N.C.G.S. § 1-234, and § 1-23 appear to extend the time period when execution is restrained.
Household exemption typically includes clothing, furnishings, appliances, books, and other household items that are used as part of everyday residential existence.
More info
Generally, the answer is yes. Even if property is co-owned, the law would still allow a judgment creditor to seek a lien against a debtor's property.The creditor with a judgment must give you notice of your right to protect your property. Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. Before your property may be taken to pay a judgement, you must receive a Notice of Right to Have. Exemptions Designated and a Motion to Claim Exempt Property. The next step involves requesting the Clerk of Court for the county where your debtor's property is located, to issue a "Writ of Execution. Properties with delinquent real estate taxes are subject to tax foreclosure. ECourts comprises several enterprise-level software systems that work together to provide integrated case management for courthouse officials and employees. 1987), which held that the government's burden of proof in a motion for summary judgment in a forfeiture case is probable cause, 667 F. Supp.
