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Re: Forcing the payoff of a judgment.

Posted by Jason on June 27, 2002 at 11:07 PM

In Reply to: Forcing the payoff of a judgment. posted by Ward-CA- on June 26, 2002 at 5:12 PM

: : Ward;
: : Can plaintiffs who have won judgements force a sale of assets to collect, or must they wait it out until owners of real estate decide to sell?
: : Jason

: =•=•=•=•=•=•=•=•=•=•=

: Jason,

: A judgment creditor has more chances than you can imagine to force the payment of their judgment. One of them includes doing a judicial foreclosure rather than waiting for the debtors to sell their property.

: The challenge is to be able to meet the court’s requirement that the creditor demonstrate that the property’s current value exceeds the sum of all secured debts plus the applicable homestead exemption that’s available to the judgment debtor.

: A judicial foreclosure requires the involvement of a court, an attorney and about a year’s worth of time. Such detriments are the reason most creditors don’t pursue a judicial foreclosure.

: Hope this helps.


Ward;
Thanks. You are a great resource.
Jason


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