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  1. #1
    Join Date
    Jul 2006

    Nevada Lien and judgement law re: real estate

    What is the name of your state? Nevada.
    This is a real dogs breakfast which I can't afford an attorney for so any help will be greatly appreciated. We received a property from a LA philanthropist. There was a 3 yr stipulation that we would take care of the ranch for 3 after which it would be deeded to us. After 3 years the amn decided to take it back. We took him to court the judge ruled in his favor but awarded us a settlement fee of $28,000. for the improvements we made to the property. He didn't pay, our attorney foreclosed, the property sold back to us at a public auction. Unbeknownst to us, his wife obtained a judgement against him because he borrowed $40,000. from her to invest in a business which he liquadated and sold out from underneath her without paying her back the loan. The judgement was filed at the recorders office against the property in 1993. We have tried to find his wife and settle with her but suspect she has gone back to South America. In the meantime a title company has offered us no advice other than to say that the judgement would transfer with the property if not removed. I want to know if there is a statute of limitations for the judgement, how do I go about getting it removed? If there is not statute that runs out how do I remove the judgement as it is clouding the title?

  2. #2
    Join Date
    Jul 2002
    Bay Area, CA
    If the judgment was recorded in 1993, you should be in the clear.

    NRS 68.040 Judgment becomes lien when abstract recorded with county recorder. A judgment rendered in a Justice Court creates no lien upon any lands of the defendant, unless an abstract is recorded in the office of the county recorder of the county in which the lands are situated. When so recorded and from the time of the recording, the judgment becomes a lien upon all the real property of the judgment debtor, not exempt from execution, in the county, owned by him at the time, or which he acquires before the lien expires. The lien continues for 6 years, unless the judgment is previously satisfied.

    You can search through the Nevada statutes to see if it covers removing an expired lien from your property: [url]http://search.leg.state.nv.us/nrs/searchnrs.html[/url], but it might make more sense to talk this over with a lawyer to make sure everything is done correctly.

  3. #3
    Join Date
    Jul 2006

    Nevada judgement/lien on property

    Thank you digradcurl. You have pointed me in a direction. I started reading the NRS's but got so bogged down, I am headed off now to research the references you gave me. I am not sure why a title company wouldn't know the answer to this, except that we are situated in a very remote area of Nevada. We also have a limited pool of attorneys in our area and have to be self reliant on alot of these issues. If you come up with any other information or resources I am all ears. Thank you SA

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