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I have $40k in judgements from hosptial / credit card debt listed at the county clerks office.  

 

They are supposed to expire in 10 years. 

 

Some appear to be past their expiry date but they are still listed.  I am looking to sell my house and

I am not sure if I need to pay these judgements.     The property may only be worth $40k total but I would like

to put the money towards a new home elsewhere. 

 

oh, Two of them say transcript, rather then judgement.   The one is actualy listed as transcript assignment of.

 

This is in upstate ny. 

 

I havent had much luck finding a lawyer. 

 

Do these judgements need to be paid to sell my property.

 

How do I remove expired judgements?  or are they just listed but I dont have to pay them.

 

 

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NY judgments are good for ten years but can be renewed for an additional amount of time:

 

http://law.justia.com/codes/new-york/2016/cvp/article-50/5014/

 

You're going to have to review each judgment case file to determine the exact dates of the judgments and whether any action has been taken to renew them prior to expiration.

 

What's likely to happen is if a potential buyer needs a loan, his lender won't lend as long as those judgments cloud the title.

 

A cash buyer might be willing to overlook them but I'm guessing he'd want a substantial discount to take the risk.

 

11 hours ago, kstarfire212 said:

I haven't had much luck finding a lawyer. 

 

Here's how you find a lawyer.

 

Call up a real estate lawyer, ask how much his retainer fee is for what you need done, make an appointment, bring your checkbook, pay him when you get to his office.

 

 

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On 9/1/2017 at 10:39 PM, kstarfire212 said:

I have $40k in judgements from hosptial / credit card debt listed at the county clerks office.  

 

They are supposed to expire in 10 years. 

 

Some appear to be past their expiry date but they are still listed.

 

Please explain what the significance is of a judgment being "listed" at the county clerk's office.  To some extent, a judgment entered by a particular court will forever be "listed" in the clerk's office.  It's not as though the clerk is going to destroy records relating to a lawsuit after the judgment expires.

 

 

On 9/1/2017 at 10:39 PM, kstarfire212 said:

Do these judgements need to be paid to sell my property.

 

You can sell your house if you can find a willing buyer, regardless of encumbrances.  Of course, no sane buyer is going to buy a home that is subject to judgment liens without the seller removing those liens.  If you have judgment liens against your home, you'll either have to pay to have them removed or, if the underlying judgments are expired, you'll want to make a demand on the creditors to remove the liens.

 

I concur with the prior response regarding finding a lawyer.  You can also try the "find a lawyer" link at the top of every page at this site.

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I dont believe the judgements specify that the property has a lien on it and they are not directly attached to the title deed for the property.  

Although the clerk at the office said I need to deal with them before selling the property.   She didnt seem particularly certain though. 

I was thinking they might not be able to attach to the property since it is my home and they cant take that from you.   But I am not sure if you

are able to sell your home and move to a different home. 

 

As for whether any of the judgements have been renewed, would that be listed with the original judgement or is that listed elsewhere?  

I didnt see any additions to the judgements, although they are rather confusing since they dont just spell it out in normal english...

 

It would be nice to see what a lawyer could do for me but I dont think there is one particularly local.  I have emailed several and gotten no response.

I dont think I want to pay a lawyer before I get some sort of assurance as to how he can resolve the problem.  If their fees outweigh what I am

getting back, then what is the point of using one.  

 

At this point, I think my best bet might be to wait another 2 years for all of the judgements to be expired before trying to do anything.     

 

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Judgments do not specify what property they attach to.  They attach to ALL real property owned by the person or entity against which they are recorded in the county in which they are recorded.  As a practical matter, many title companies are not going to issue title insurance policies while a person has a lot of recorded judgments against them until such judgments are paid or otherwise disposed of.  You are going to need to deal with the judgments sooner or later.

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1 hour ago, kstarfire212 said:

It would be nice to see what a lawyer could do for me but I dont think there is one particularly local.  I have emailed several and gotten no response.

 

Cold e-mails are a terrible way to find a lawyer.  Call a lawyer's office and ask for a consultation.

 

 

1 hour ago, kstarfire212 said:

I dont think I want to pay a lawyer before I get some sort of assurance as to how he can resolve the problem.

 

Which you're not going to get without at least a consultation.  You might be able to find a lawyer who will give you a free consultation, but you won't know until you call and ask.

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2 hours ago, kstarfire212 said:

As for whether any of the judgements have been renewed, would that be listed with the original judgement or is that listed elsewhere?  

I didnt see any additions to the judgements, although they are rather confusing since they dont just spell it out in normal english...

 

I mentioned this earlier, in case you missed it, you will have to look in each case file to determine the date of each of the original judgments and whether anything has been filed to renew them.

 

Make sure you buy copies of the documents.

 

You can do that without a lawyer.

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1 hour ago, kstarfire212 said:

Are you sure I need a real estate lawyer or do 

I  need a debt lawyer?

 

Good point.

 

Debt lawyer if you want to negotiate settlements and clear the judgments. Although if you have the cash to make discounted settlement offers, you don't need a lawyer for that.

 

Real estate lawyer if you want to sell your house and find a work-around with the judgments.

 

 

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