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  1. #1
    Faith Banks Guest
    My state is Florida. My husband has judgements against him from a previous marriage. We bought a home. The mortgage note is in my name only title to house in both names. They have put a judgement against our homestead, I have been told this is not legal in state of Florida, if this is true how do I go about getting it off. I tried to refinance the house and thats when I found out the judgements were on our home. Any help wpuld be greatly appreciated. My email address is fnmbanks@aol.com.
  2. #2
    HomeGuru is offline Senior Member
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    The judgement is legal.
  3. #3
    Faith Banks Guest
    Well if the judgement is legal and I file bankruptcy, and the mortgage company takes the home what happens to the judgement then. When sold the mortgage company will be lucky to get whats owed on the house. Also I read on this site somewhere where you can't put judgements on a homestead and if it is allowed its only for a certain amount. I apologize if I sound like I am questioning you, but when I went and saw an attorney he said no problem he could get it off for a price. But I don't want to pay this man if the judgement is legal. Thanks for your input on this matter.
  4. #4
    HomeGuru is offline Senior Member
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    The attorney may have been correct in that he/she could get the judgement off but the real question is can the attorney extinguish the judgement.

    If the bank sells the home for less than the mortgage, the judgement will not be attached to the property anymore and will remain on your husbands credit report and on court records. The judgement creditor can file the judgement against any asset and even refile the judgement before the statute of limitations period expires.
    Even if you file BK, that will not extinguish your husbands judgement. He must file BK in order to be free or wait out the SOL period and hope the judgement is not renewed.
  5. #5
    Faith Banks Guest
    Well, I found out that my husband filed banruptcy on this particular creditor when he filed bankruptcy, so doesn't that make the judgement illegal. How long does it take for a judgement have to be there be they can refile. Also, since its listed in his bankruptcy and all debts listed were discharged how do we get this off our home? I greatly appreciate your answering these emails. We are trying to take care of this ourselves because the attorney wanted over 1500.00 to do this, not that its not worth it we just can't come up with that amount in a lump sum.
  6. #6
    HomeGuru is offline Senior Member
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    I can not advise you further without first reviewing all the pertinent documents including title report, BK papers, mortgage papers etc. These matters are complicated and you do not know what you are doing. That is why you need an attorney to help you.

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