Signal Mountain, TN asked in Civil Litigation and Real Estate Law for Tennessee

Q: How to strip lien against one person on Tenancy by the Entirety held home?

I had a lien filed against me for a judgement against just me (not spouse). My home is held a Tenancy by The Entirety with spouse. The judgement holder tried to foreclose on my "survivorship interest", which went nowhere. Do I have to pay this to sell my house or is there some workaround? Quitclaim, for example?

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: You interest could possibly be executed upon. Most buyers will not take your title however. Judgment Liens are good for ten years from date of Judgment, unless extended, which happens frequently. Even it the Lien lapses, it will still be in your title unless the creditor or a court removes it. Consult with a competent attorney about possibly exempting your interest or compromising it. You may not be able to remove it, and if your Spouse dies, the Judgment Creditor can take the Fee. If there is a prior Deed of Trust, someone may wish to buy it, then foreclose on you to extinguish the Lien.

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