Refinancing with wife's judgement

What is the name of your state? PA
My wife has a judgement against her for a credit card debt. Our home is jointly owned. I want to refinance the house at a lower interest rate but do not want to pay her judgement as part of my debt (since hers was business related) and the note on the house will be purely in my name. The title company says I have to pay off the judgement at closing since it is against the title. But it is not against the title of the house. It is purely a judgement against her for an unsecured debt. What can I do?

[racer72]

I would bet the judgement creditor placed a lien against the house. No one will finance you till it is paid. That is the sole purpose of using title companies, to find out nasty little things such as this. That is why we pay for title searches when houses are bought or refinanced. Guess what your next option is?

No- Creditor did not place a lien on the house. Only comes up when they search her name for judgements at the courthouse. She doesn't own the house...it is jointly owned

[racer72]

Then the prospect of a lien is enough for the lender. With the slim possibility that the judgement creditor can take their collatoral, the lender does not have to loan you the money. If you want to refi, pay the judgement.

[JETX]

"No- Creditor did not place a lien on the house. Only comes up when they search her name for judgements at the courthouse.
*** Clearly, you don't understand the process.

When a judgment is recorded with the county, it places a lien against ANY property owned by the judgment debtor. Simply, a judgment lien has been placed against her name and any property that has her name on the title.

"She doesn't own the house...it is jointly owned"
*** She doesn't have to have SOLE ownership for the judgment lien to apply.... only that her name is on the title, even as a joint owner.

So, if she is quitclaimed off the property, do I still have to pay her judgement. She has a payment plan with the creditor (with her business) but on this one she had signed as a personal guarantor

[JETX]

"So, if she is quitclaimed off the property, do I still have to pay her judgement."
*** Yep. Cause that would be a 'fraudulent conveyance' and the courts would undo the 'give away' if asked by the creditor.