Avoiding lien where judgment taken against nonfiling spouse.
Posted: Wed Nov 12, 2014 1:00 pm
Yes, provided that the abstracts of judgment were not recorded prior to the date the debtor and spouse took title to the property.
Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, November 12, 2014 11:54 AM, "sam@southbaybk.com [cdcbaa]" wrote:
Property held in 3-way joint tenancy with Debtor's nonfiling spouse and brother. Total equity is $100,000. Debtor claimed homestead on her $33,333 share. She is qualified for the $100,000 exemption (her minor children also reside in the property). I have 4 separate judgments - 2 against Debtor and 2 against Debtor's nonfiling spouse. I want to avoid all 4 as impairing the homestead under 522. Possible? BB case.
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