Judgment Lien on Real Property

Question 1

Judgment Lien on Real Property in General

Answer 1

Judgment gives creditor right to a GENERAL LIEN on all of debtor’s real property

To obtain the general lien, creditor must RECORD the judgment

Question 2

Recording the Judgment: Same County Where Judgment Entered

Answer 2

Creditor AUTOMATICALLY obtains a lien on any real property owned by debtor in that county

Question 3

Recording the Judgment: Other Indiana County

Answer 3

To be a lien on real property in another county, CERTIFIED COPY must be recorded in that county

Question 4

Recording the Judgment: Out-of-State Judgment

Answer 4

Creditor must obtain certified copy of judgment from the state court and file it with the clerk of court for the appropriate county

Question 5

Effect of Recording

Answer 5

Creates judicial lien on all debtor’s real property in the county that remains until it is legally removed

Question 6

Real Property Subject to Judgment Lien

Answer 6

Almost all debtor’s real property is subject to a judgment lien

Includes future interests and interests in real property held in trust that benefits debtor

EXCEPTION: Real property held as tenants by entirety when creditor only pursuing one debtor

Question 7

Duration of Judgment Lien

Answer 7

Effective for 10 YEARS

Can be renewed (no limit)