Do I have to PAY My FATHERS JUDGMENTS?

[alienlady1785]

Florida,

I am selling my condo. Last time I went this route, They dug up my fathers OLD JUDGMENTS. He has been DECEASED over 4 years. They demanded I pay them at closing. So, I backed out of selling my condo. But this time I am selling!

I went through Probate. My attorney published the death notices and creditor notices as required by law. Only one creditor came forth and was paid off. .

I am holding a Personal Representatives Deed in my name (head trustee) in my TRUST. However the mortgage is still in his name - with MY Social Security number at the bank, as they requested and I make the payments.

These are NOT LIENS on the condo... they are OLD JUDGMENTS.

NONE of the Judgments are TAX judgments. The two oldest ones are personal people Judgments.

One is from 1/25/95 (10 yrs old); another is from 2/27/96 (9 yrs old).

Someone told me that many attorney’s get a finders fee if they can “force” people to pay debts at a closing by telling them they HAVE to pay the debt. Unscrupulous I know... but I believe it.

I need to know if there is an Expiration date on Judgments where they need to be Renewed or Recorded again?

If they dig these judgments up and say I have to pay them... DO I???
Remember... one is 10 years old and one is 9 years old.

If so, why must I be responsible for his debts AFTER PROBATE was finalized many years ago?
Thanks if anyone can enlighten me!

 

[nextwife]

If the property was titled in dad's name at the time the judgement was docketed, it legitimatly attaches to the RE. Therefore it was already a lien on the RE when you transferred it from his name to your trust, whether you had done the title research to know it or not.

Along with the RE comes all the attached liens/judgements/mortgages/and E&Rs. While the judgements may have initially been dad's, now they are a form of lien gainst the property. JUst as you'd need to pay off dad's mortgage if you sold, you also have to pay off any judgements still against the property when you sell.

I have a experience with trust companies that hold RE in their clients portfolios, and those I work with always get a title update when moving property into a trust for exactly this reason, so they will know what is already "of record" against the property.

 

[JETX]

I need to know if there is an Expiration date on Judgments where they need to be Renewed or Recorded again?

Yep. A Florida judgment is valid for SEVEN years from its date. And yes, it is renewable.

I suggest you search the lien records for Florida at: http://www.sunbiz.org/corpweb/inquiry/jlinquiry.html

 

[HomeGuru]

Florida,

I am selling my condo. Last time I went this route, They dug up my fathers OLD JUDGMENTS. He has been DECEASED over 4 years. They demanded I pay them at closing. So, I backed out of selling my condo. But this time I am selling!

I went through Probate. My attorney published the death notices and creditor notices as required by law. Only one creditor came forth and was paid off. .

I am holding a Personal Representatives Deed in my name (head trustee) in my TRUST. However the mortgage is still in his name - with MY Social Security number at the bank, as they requested and I make the payments.

These are NOT LIENS on the condo... they are OLD JUDGMENTS.

NONE of the Judgments are TAX judgments. The two oldest ones are personal people Judgments.

One is from 1/25/95 (10 yrs old); another is from 2/27/96 (9 yrs old).

Someone told me that many attorney’s get a finders fee if they can “force” people to pay debts at a closing by telling them they HAVE to pay the debt. Unscrupulous I know... but I believe it.

I need to know if there is an Expiration date on Judgments where they need to be Renewed or Recorded again?

If they dig these judgments up and say I have to pay them... DO I???
Remember... one is 10 years old and one is 9 years old.

If so, why must I be responsible for his debts AFTER PROBATE was finalized many years ago?
Thanks if anyone can enlighten me!

**A: you did not tell us if the title report listed the liens.

 

[alienlady1785]

I'm sorry I did not clarify that importan piece of information.

I have (previously had) 2 official Liens only on this condo.

When I previously was going to sell this condo, that is all that showed up as LIENS!

The Buyers Attorney dug up some old MONEY JUDGMENTS my dad had . These were not recorded as LIENS...

They DO NOT have an Instrument number, Property address, Building number and page and book number of a lien record against my property.

The Judgment is simply the paper they got from the court awarding them, bla bla amount of money and attorney’s cost... bla bla .

That Money Judgment was NEVER recorded at the Courthouse as a LIEN.

I have been led to believe there are Two distinct things...
A money Judgment
and a LIEN on Real Property

As I have read it... The New FL Judgment Law is only for Money Judgments... Not Liens on Real Property.

What I am refering to IS NOT showing up as LIENS on my condo...

So why wouldn’t these Money Judgments fall into the “must be re-recorded by Oct. 2003?”

Thank you for taking an interest in my plight, as I really would like to know where I stand on this, IF they bring up the judgments in this NEW TITLE SEARCH!

Thanks Again alienlady