Anamosa, IA asked in Bankruptcy and Real Estate Law for Tennessee

Q: What are my options of negotiating a judgment lien off a piece of property I am inheriting in Tennessee?

The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be paid by my sister or the ex-husband.

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5 Lawyer Answers
Oliver L Cisowski
Oliver L Cisowski
Answered
  • Bankruptcy Lawyer
  • Elizabethton, TN
  • Licensed in Tennessee

A: A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.

This really depends if you're trying to sell the inherited land. A good title attorney could be of help.

David Luther Woodward agrees with this answer

David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL

A: You need to have a local real property lawyer examine the title and you may be out from under. I am in Florida, and we have a mess: old judgments ran for 20 years, then they changed it to 7 years, and who knows what next. You need a GPS to figure it out.

Good Luck

d

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Actually the Lien of a recorded Judgment is perfected against the debtor's real property in that County for ten years from date of Judgment.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Further it is possible the Lien is extinguished by operation of law if an unsuccessful Levy of Execution occurred with no subsequent legal suit. Remember the Judgment is a Lien from Ten Years from date of Judgment unless extended for another Lien Period.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Lien is void by operation of law, then it is still at the Register of Deeds. There are various ways to remove the Lien, including sending a letter to the Judgment Creditor demanding same. However very often a Declaratory Judgment and/or Quiet Title Action in the Court rendering the original Judgment is necessary. And here a problem may be standing as you are not the Judgment Debtor. Hire a competent Tennessee Attorney to clear that Title.

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