Judgement Lien-Vacate- But Need To Refinance

[Contango]

What is the name of your state? CA

I recently learned that a judgent lien has been recorded on my property. I was planning to file a motion to vacate this judgement. I desperately need to refinance soon.

When I file a motion to vacate, will or can this void my judgement lien?

What can I do in order to refinance and not pay this lien?

I'm in San Francisco

Thanks

There is nothing you can do to avoid paying this lien when you refinance.

The only way you could get the judgment vacated would be to show it was obtained by fraud, etc.

If you got it vacated, then, yes, it would no longer be a lien against the real estate. That would probably take 2 to 3 years.

How much are we talking about here?

[Contango]

The amount is $71,000. might be a slim possibility of huge countersuit.

It is a judgement from a a nursinghome that is responsible for my mother's pain, suffering, and death. It is recorded on my property as successor in interest which does not apply because my mother's estate at her death was less than $100,000. I also have siblings and they only went after me. It is a truly awful situation and probably the most unfortunate experience for me.

Originally Posted by Contango

The amount is $71,000. might be a slim possibility of huge countersuit.

It is a judgement from a a nursinghome that is responsible for my mother's pain, suffering, and death. It is recorded on my property as successor in interest which does not apply because my mother's estate at her death was less than $100,000. I also have siblings and they only went after me. It is a truly awful situation and probably the most unfortunate experience for me.

Now you really have me confused.

Who brought the lawsuit? (Who was the plaintiff?)

Who defendded the lawsuit? (Who was the defendant?)

Did you get land from your mother, either by inheritance or by being the survivor in a joint tenancy?

Was the judgment against your mother?

Was your mother married at the time the judgment was entered against her?

Let me guess: the judgment is against ma and it is a lien on her land and now you own the land.

Am I right? (Please answer all the questions; I will try to help you.)

[Contango]

Now you really have me confused.

Who brought the lawsuit? (Who was the plaintiff?)

Plaintiff is Kindred Healthcare Inc. - The largest healthcare provider in USA that wheels and deals in Nursinghomes and Skilled Nursing Facilities.

Who defendded the lawsuit? (Who was the defendant?)

Only 1 brother and myself were named in the lawsuit, I have 2 other siblings. Brother named doesn't care because he has no assets in his name. I answered the original lawsuit (which some say was a big mistake) but never appeared in any court proceedings because they never retruned any of my calls and I didin't know I had to appear.

Did you get land from your mother, either by inheritance or by being the survivor in a joint tenancy?

I was a survivor in a joint tenacy with both of my parents. My father already passed away. The lawsuit was filed over 1 year after my mother's death.

Was the judgment against your mother?

The judgement was against me as Successor In Interest. It was her Nursing Home Bill. The state ombudsman said they had no right to bill her because her monthly income was $700. and they were not entitled to her home.

Was your mother married at the time the judgment was entered against her?

Widowed

Let me guess: the judgment is against ma and it is a lien on her land and now you own the land.

Yes but I actually owned the property myself since the late 1980's but never transfered title. The deed was in Joint Tenacy with both of my parents at the time of both their deaths.

Am I right? (Please answer all the questions; I will try to help you.)

I really need help.
[email]ContangoGold@yahoo.com[/email]
Thanks :-)

Originally Posted by Contango

Only 1 brother and myself were named in the lawsuit, I have 2 other siblings. Brother named doesn't care because he has no assets in his name. I answered the original lawsuit (which some say was a big mistake) but never appeared in any court proceedings because they never retruned any of my calls and I didin't know I had to appear.

When you did this, you gave up all your rights and allowed this lien to be put onto your land.

If you can refinance for enough to pay off the judgment, you may get to keep your land (but it will have a big mortgage on it, of course).

[Contango]

Thanks :-(