judgment lien

Thân thiện

A judge signs a court order granting a judgment lien on a house.

Definition

Noun: A legal claim or charge (a lien) placed on a debtor's property as a result of a court judgment in favor of a creditor. This lien secures the debt and can be enforced by having a law enforcement officer (such as a sheriff) seize the property and sell it at a public auction (a sheriff's sale) to satisfy the judgment debt.

Usage

A judgment lien is a specific legal tool used to secure payment after a creditor wins a monetary judgment in court. It attaches to the debtor's property, typically real estate, as a matter of public record.

Examples

• The creditor obtained a judgment lien against the debtor's house after winning the lawsuit for unpaid debts.
• Before you can sell the property, you must clear the judgment lien by paying the owed amount to the creditor.
• The existence of a judgment lien on the title can prevent the owner from refinancing the mortgage.

Advanced Usage

• Perfection of a judgment lien: The process of officially recording the lien with the appropriate government office (like a county recorder) to make it enforceable against third parties.
• Priority of liens: In cases where multiple liens exist on a property, the order in which they are paid from sale proceeds is determined by their priority. The date of recording often establishes this priority.

Variants and Related Words

• Lien (n): A general right to keep or sell property belonging to another person as security for a debt or obligation. A is one type of lien.
• Judgment creditor (n): The party who is owed money and in whose favor a judgment lien is granted.
• Judgment debtor (n): The party who owes money and against whose property a judgment lien is placed.
• Sheriff's sale (n): The public auction where seized property is sold to enforce a judgment lien.

Synonyms

• Judicial lien
• Charging order (in some contexts, particularly concerning certain assets)

Related Legal Concepts

• Writ of execution: The court order that authorizes the sheriff to seize and sell the property to enforce the judgment lien.
• Abstract of judgment: The document, often filed with the county recorder, that creates the public record of the judgment lien on real property.

Học thuật

Noun

1. lien on a debtor's property that is granted to a creditor by court judgment; lien may be enforced by having the sheriff seize the property and hold a sheriff's sale