Abstract of Judgement

[knightsbranch]

Help. I got an abstract of judgement with a lien against my house in the mail today from a firm called Hunt and Henriques. The judge ruled in favor of the plaintiff on Feb 11th after the attorney filed for a summary judgement even though I had been given a 60 day extension by the clerk to answer the complaint. What can they do with this lien ? I have just been granted a loan mod and I'm going to start making payments again next month. Upside down on the mortgage to the tune of about 75,000.

[Mensa1]

The answer to the question depends on which state you are located. With a judgment lien in some states the creditor can garnish wages or bank accts, foreclose on your personal residence, (although unlikely since your are upside down in equity), while others they cannot.

So which state?
Do you have a job; W-2 employee?
Do you have other assets; savings, investments?

__________________________________________________ _______________________________

Also, not following the issue on the 60 day leave to answer... did they not provide you this time to answer?
If not, you may be able to petition the court to abandon the judgment until you can file the answer, if still within that 60 day period.

[2manybills]

Help. I got an abstract of judgement with a lien against my house in the mail today from a firm called Hunt and Henriques. The judge ruled in favor of the plaintiff on Feb 11th after the attorney filed for a summary judgement even though I had been given a 60 day extension by the clerk to answer the complaint. What can they do with this lien ? I have just been granted a loan mod and I'm going to start making payments again next month. Upside down on the mortgage to the tune of about 75,000.

I am assuming that you have not filed BK yet. I can only tell you what an abstract of judgment means in California. When a judgment is entered in the State of California, the prevailing party can request that an abstract of judgment be "issued". Once the abstract is issued, the only thing that can be done with this is to record it in the County that they choose to record it. It remains as a lien against any real property transactions within the particular County of recording.

As far as an attachment of wages, etc., that would be called a writ of execution or attachment, which usually a sheriff or marshal will use to levy upon wages, bank accounts, etc.

If (or when) you file BK, and the debt is discharged in the BK Court, then a release of judgment(abstract) will need to be filed and recorded with the court. Hope this helps.