Abstract Of Judgment
The abstract of judgment definition is best explained as a written summary of the judgment passed by a court. This abstract of judgment includes the amount of money the losing party of a lawsuit owes to the winning party, the interest rate on that amount, the court costs, as well as any other orders that have to be obeyed by the losing party. Both sides acknowledge the abstract of judgment. It is then stamped and recorded officially with the chosen government.
The clerk court is the one responsible for preparing the abstract of judgment. The government where the abstract of judgment is recorded, however, is also important as it’s usually recorded in the property records of the county where it is believed that the debtor owns or has an interest in real estate property.
Abstract of Judgement and Real Estate Property?
Upon losing a lawsuit, a judgment is ordered on the losing party, and the abstract of judgment is made. The losing party of a lawsuit or the judgment debtor must adhere to this abstract of judgment by paying what they owe to the judgment creditor or lawsuit winner. As mentioned above, this abstract of judgment is recorded in the county’s property records.
But why is it recorded there? It’s simple. The creditor is entitled to force the sale of any property the debtor owns so that they can compensate for the judgment’s amount if the judgment is not paid by the debtor does not pay.
The abstract of judgment also prohibits the transfer of property. In case the judgment debtor does not pay the judgment, then the abstract of judgment is used as a judgment lien on real estate property owned by the debtor. This judgment lien prevents the owner from transferring the property until they pay the judgment. The abstract of judgment also allows the judgment creditor to force-sell the property to collect, as mentioned above.
Obstacles of Abstract of Judgments?
There are a few instances where the abstract of judgment can not go into effect. The following situations can hinder the judgment creditor from enforcing the judgment’s payment:
- It can not always be easy to find the county where the judgment’s debtor owns real estate property and, by extension, the abstract of judgment can not record in the correct county so that it can enforce the payment.
- Any secured loans, mortgages, tax liens come before the judgment lien and will make it impossible to enforce the judgment’s payment if any other debts or payments need to be completed first.
- If the debtor goes bankrupt, any method of paying the judgment is made impossible.
Popular Real Estate Terms
One of series of parallel beams directly supporting a floor or a roof. Joists can be made out of wood, steel or steel reinforced concrete. Joists are in turn supported by other beams or ...
Rental income received from property that exceeds the costs of owning and maintaining the property. ...
Conversion of real property into money. The breaking up and selling of a real estate company for cash distribution to its creditors and then owners. Chapter 7 of the Federal Bankruptcy ...
Secondary written agreement to purchase real property in the event the initial contract is not signed. ...
Usual operating service life of property for the purpose it was acquired. The useful life used for depreciation accounting does not necessarily coincide with the actual physical life or any ...
Restraining a person or business from denying an appropriate conveyance of property evidenced by a deed has given. ...
(1) The interest rate used to convert future receipts or payments in connection with real estate property to their present value. The cost of capital is used as the discount rate under the ...
A rule that the price of a house should not exceed about 2 to 2.5 times your family's gross annual earnings. Example : If annual gross income is $70,000, the highest price one could afford ...
Formal written examination given in every state to those people being the age of majority and qualifying to be a real estate salesperson or broker. The examination can consist of multiple ...

Have a question or comment?
We're here to help.