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[-] Do Judgments always attach? - Thomas W/FL (18 replies)
9/25/2007 10:25:15 AM (2974 views)
Re: Do Judgments always attach? - Kevin Ahern/CT
9/25/2007 10:54:41 AM (3351 views)
Re: Do Judgments always attach? - STEVE MEINECKE/VA
9/25/2007 11:45:36 AM (3243 views)
Steve/Kevin - Thomas W/FL
9/25/2007 12:07:53 PM (3178 views)
Re: Steve/Kevin - Kevin Ahern/CT
9/25/2007 12:19:24 PM (3338 views)
Re: Steve/Kevin - Thomas W/FL
9/25/2007 1:17:13 PM (3220 views)
Re: Steve/Kevin - Wanda Steudel/OH
9/25/2007 3:02:44 PM (3315 views)
Re: Steve/Kevin - STEVE MEINECKE/VA
9/25/2007 3:04:03 PM (3287 views)
Re: Do Judgments always attach? - David Robertson/VA
9/25/2007 5:25:20 PM (3045 views)
This is a state-specific question. I'll give a Virginia answer, which may not be a good Florida answer. Also, we need to separate the questions of whether it attaches and whether an abstractor is responsible for finding it.

In Virginia, a judgment that has been properly "docketed" attaches to after-acquired property of the judgment debtor as soon as the deed to the debtor is recorded. However, if there is a purchase money deed of trust, it attaches subordinate to the PMDOT.

Virginia courts have been reluctant to move toward equitable subrogation, so the prudent abstractor will always check for prior judgments against the owner and report them when doing the title search for a second or a refinance. Then let the title insurance company make the judgment call. That's their job. A lot of people in the VMC world don't like this; they want a "clean report" from the abstractor. Bull! That is one of many reasons that I don't do residential work any more. Your customers tend to be idiots in that line of work.

If this turns up on a pre-foreclosure report, the lender's first call should be to the title insurance company (the underwriting company, not the agent) who insured the deed of trust that is being foreclosed. The title insurance company's job then is to fix the problem, give an indemnification, or show the lender that there is no problem. Then, the company may take whatever recourse is available against the abstractor.
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You won't believe this... - Thomas W/FL
9/25/2007 5:33:13 PM (3180 views)
Re: You won't believe this... - Kevin Ahern/CT
9/25/2007 6:12:20 PM (3271 views)
Re: You won't believe this... - Thomas W/FL
9/25/2007 11:43:30 PM (3301 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:22 AM (3331 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:23 AM (3306 views)
Re: Do Judgments always attach? - Steph/RI
10/2/2007 9:42:58 AM (3442 views)
Abstractor Humor - Deborah Manion/VA
10/3/2007 11:22:06 AM (3455 views)
Re: Abstractor Humor - Kevin Ahern/CT
10/3/2007 12:42:19 PM (3570 views)
Re: Abstractor Humor - Patrick Scott/IL
10/3/2007 1:13:05 PM (3508 views)
Re: Abstractor Humor - Scott Perry/PA
10/3/2007 5:29:19 PM (3420 views)

[+] Datatrace - Barbara Bennett/IN (10 replies)
9/24/2007 1:42:05 PM (3063 views)

[+] So ATM is Now Servicelink? - DS/NC (7 replies)
9/24/2007 1:10:32 PM (3269 views)

Lost another one, Nationstar - Amy Tatusko/VA
9/24/2007 12:52:13 PM (3393 views)

[+] Equifax fee redux ???? - george Hubka/MI (4 replies)
9/21/2007 11:03:24 PM (2897 views)




[+] TITLE PLANT - LAWANDA  MCMILLIAN/AR (5 replies)
9/21/2007 10:33:43 AM (2991 views)

[+] What would you include? - Amy Tatusko/VA (5 replies)
9/21/2007 8:50:19 AM (2776 views)

[+] Selling company/non-payment/company names - Mike/KS (5 replies)
9/20/2007 5:56:17 PM (2907 views)

[+] Express Finanacial Article - Jay Duncan/MO (9 replies)
9/20/2007 10:47:28 AM (3085 views)

[+] Basically it boils down to this... - Jay Duncan/MO (16 replies)
9/19/2007 5:54:03 PM (2971 views)

Counselor's Title/Lombard,Il - Barbara Bennett/IN
9/19/2007 5:26:28 PM (3115 views)

[+] Financial Dimension...Reduction of fees - Loretta Reed/MD (5 replies)
9/19/2007 5:07:12 PM (3036 views)

[+] Fidelity National Financial - Irving, TX - Scott Perry/PA (1 reply)
9/19/2007 4:16:56 PM (2926 views)

[+] Email from India - Kevin Ahern/CT (9 replies)
9/18/2007 5:31:40 AM (2795 views)

[+] the N symbol - Ron McPherson/IA (2 replies)
9/18/2007 12:57:11 AM (2709 views)


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