Posted by: Louis Bruno [Forum Host] from 247.white-plains-08-09rs16rt.ny.dial-access.att.net on January 23, 2001 at 07:28:42
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In Reply to: Selling home with judgements posted by Kathy on January 22, 2001 at 13:00:03

Subject: Re: Selling home with judgements

Hello Kathy
We asked Ira Freireich, principal of Best Buyer's Broker Realty -- an exclusive buyer's agency -- to answer your question. Here's his opinion.
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The answer is yes, judgements (leins) can be paid from proceeds at closing, BUT, documentation should be obtained from the authorities allowing this to be done. The problem is getting this documentation "permission". The government acts slowly. If Kathy is in a state where someone is looking at the property's title report showing these liens, their advice is to make sure that the property will pass to the buyer without all the judgements. There
are two taxing authorities interested in getting paid. Both the Federal and State authorities are involved. Both should be contacted. Question Kathy should raise: Why was property awarded with these judgements? Property should have been passed to her "unencumbered."
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Please note. Ira is NOT not an attorney, this is not legal advice and Kathy should consult with an attorney and a tax accountant or an enrolled agent to settle these problems.

Good luck!

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