Conway, SC asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina

Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement proof" from his creditors?

1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
  • Bankruptcy Lawyer
  • Wantagh, NY

A: S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien creditors need to be paid (although this issue may be more nuanced if there are other secured creditors). I don't see how you get that he is "judgment proof" (and FYI, this is not a legal concept).

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