rpivending said:
What I need to know is that in NY can someone satifsy a judgement by trying to forcefully sell your house when it is co-owned by my spouse who is not part of legal action.
A filed judgment in New York automatically becomes a lien against any real property owned by the judgment debtor located in the counties where the judgment is filed. Priority of the real property judgment lien will depend on the timing of the filing of the judgment. In other words, the judgment will be subordinate to any previously recorded liens, mortgages, or judgments against the same property and will be superior in interest to any subsequently recorded liens, mortgages, or judgments against the same property.
At any time before a judgment is fully satisfied or vacated, the judgment creditor may compel disclosure of all matters relevant to the satisfaction of the judgment by serving a subpoena on any person requiring attendance for taking a deposition upon oral or written questions and/or requiring the production of books and papers for examination. A judgment creditor has 20 years running from the date of entry of the judgment, or the date of subsequent payments on the judgment, whichever is later, to enforce collection of the judgment. In the case of real property judgment liens, enforcement must be concluded within 10 years from the date of the judgment, unless extended for an additional 10-year period by order of the court prior to the expiration of the first 10-year period.
Doesn't my bank (mortage holder) have any say in this?
Yep. If the property is forced into sale to enforce the judgment, your mortgage company will get the first proceeds up to the value of their mortgage. Remaining proceeds (if any) go to lien holders (if any). And finally, any left over amounts go to you.
