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Difference between revisions of "Enforcing Judgments Against Land"
From Clicklaw Wikibooks
Enforcing Judgments Against Land (view source)
Revision as of 00:24, 17 September 2018
, 00:24, 17 September 2018no edit summary
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* government authorities with claims for taxes (for example, a municipality owed property taxes or the federal government owed income taxes)
| * government authorities with claims for taxes (for example, a municipality owed property taxes or the federal government owed income taxes)
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Also, the costs of the sale (including lawyers’ fees, court bailiff sale fees, and any real estate agent fees) have to be paid before the judgment creditor is paid. | Also, the costs of the sale (including [[Lawyers' Fees|lawyers’ fees]], court bailiff sale fees, and any real estate agent fees) have to be paid before the judgment creditor is paid. | ||
If there are other judgment creditors on title, a judgment creditor may get little out of an enforcement proceeding. By law, if one judgment creditor brings an enforcement action, all the judgment creditors who have registered their judgments against the land get a share of the sale proceeds based on the size of their claim. There is no priority of time among judgment holders, as there is with most other creditors. This means that if a creditor with a relatively large judgment registered against the land after a creditor with a small judgment, the former still gets a proportionally larger share of the sale proceeds available after the priority creditors (those who are judged to be entitled to be paid first) are paid in full. | If there are other judgment creditors on title, a judgment creditor may get little out of an enforcement proceeding. By law, if one judgment creditor brings an enforcement action, all the judgment creditors who have registered their judgments against the land get a share of the sale proceeds based on the size of their claim. There is no priority of time among judgment holders, as there is with most other creditors. This means that if a creditor with a relatively large judgment registered against the land after a creditor with a small judgment, the former still gets a proportionally larger share of the sale proceeds available after the priority creditors (those who are judged to be entitled to be paid first) are paid in full. | ||
