I am about to have a judgment placed against me by an out of state bank for a personnel loan given to me on a piece of out of sate land. i recently discovered that the seller who the bank was financing did not register with the state of Nj to sell to NJ residents, might this afford me any protection on the judgement being enforceable in NJ?
Real Estate Attorney
They would have to go to court again to force a sale. The registration is a technicality and could be easily cured. I doubt it will help much.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
Real Estate Attorney
I agree with Ms. Smith and you should take the paperwork to a local lawyer. You may be eligible for bankruptcy protection depending on your circumstances. The new judgment will be the last priority to any other mortgage or lien on the property.
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The registration is a small bump in the road for the creditor. More information is needed as to whether your property has a mortgage on the property, prior liens, and how much is the judgment against you is for.
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If you have other debts, it may be worthwhile to find out if you are eligible to file a bankruptcy petition. This may enable you to get rid of all of your unsecured debts once and for all and enable you to obtain a fresh start.
It may not because a valid judgment in any other state can become a valid judgment in the state of New Jersey. If you have a defense to the filing of the judgment against you in NJ, you may have to first move to vacate the underlying judgment. Once a New Jersey judgment is entered against you, a creditor must first attempt to sell personal property before selling your real property.