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Civil litigation

judgment lien

A judgment in a civil lawsuit will generally create a lien on the judgment debtor’s real property when notice of the judgment is filed with the county clerk in the county records where the judgment debtor owns real property. This public filing (often called an abstract of judgment) effectively puts all future purchasers and lenders on notice of the judgment creditor’s claim to the judgment debtor’s real property—to the extent necessary to pay/satisfy the judgment.

In New York, when a judgment is obtained in a civil lawsuit, it can create a lien on the judgment debtor's real property. This occurs when a notice of the judgment, often referred to as an abstract of judgment, is filed with the county clerk in the county where the real property is located. The filing serves as a public record, alerting potential purchasers and lenders that the judgment creditor has a claim on the property. This lien ensures that the property cannot be sold or refinanced without addressing the debt owed to the judgment creditor, up to the amount necessary to satisfy the judgment. The lien typically remains effective for ten years and can be extended for another ten years by filing a motion with the court before the initial ten-year period expires.

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Civil litigation

judgment lien

Individual & Family Legal Plan

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Civil litigation

judgment lien

Articles