Does Illinois require recording of judgement lien in the real estate records? If judgment lien is not recorded, is a buyer still subject to unrecorded judgment lien?A bank foreclosed a property, and in the complaint there was a 5 year old judgment lien, which is not recorded. I plan to purchase on judicial sale, and am not sure whether I am responsible for this unrecorded judgment lien.
You have to be a good faith purchaser, for value, without notice of a judgment lien.
However, if you received a transfer of property through a contrived judicial sale, then it could be a fraudulent transfer.
However, there is another sticking point. If there was a prior writ of execution of some kind, on the sheriff's docket, its possible also to be subject to the lien.
However, your narrative does not provide sufficient facts and details to say.
Click on "Find a Lawyer" above and locate an attorney in your area or the area where the judicial sale took place, and get a rock solid legal opinion as to whether an unrecorded judgment constitutes a sufficient lien.
Also, there's one other thing. If you knew about the pre-existing judgment and took title that could be an issue.
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This is complex legal issue depending on notice and the conduct of the judgement creditor and buyer. Often the mere fact of a judgment with proper order creates a lien. Please contact a lawyer to get a clear answer.
This answer posted on Avvo is for informational and educational purposes only and does not constitute legal advice. No attorney-client relationship has been formed based on this answer. It is always advisable to seek the advice of an attorney in your area as soon as possible to determine your legal options and rights.
Very curious situation. The fact that the plaintiff's attorney included it as a lien in the complaint, I doubt you will find very many attorneys to tell you not to worry about based on the exchange of a few words on a simple question and answer forum such as this. Hire a real estate attorney with experience in foreclosure proceeding to give you specific advice.
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You should have an attorney review the judgment for foreclosure and judgment lien ASAP to determine whether you should proceed with the sale or not. Good luck.
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