A foreclosure or partition suit on a judgment lien against a jointly owned primary residence is subject to any homestead exemptions for which the owners may qualify, as defined by the laws of that state. In most states, that means that the judgment debtor must receive a certain sum from the proceeds of the sale. It does not mean that the propery is 100% exempt from liens, levy, or sale, unless the state laws specifically decree as such.

For example, take a couple who own (either as co-tenants or joint tenants) a primary residence located on a 100 acre lot. Creditor succesfully obtains a valid judgment against the husband as an individual. Creditor properly records the lien. There is a %5000 homestead exemption in this state.

Creditor sues for partition and sale of the property. A portion of the 100 acres will likely be partitioned off. i.e. the court will carve out some of the 100 acres as the husbands, some as the wifes, and some as theirs jointly. The husbands share will be sold at public auction in satisfaction of the judgment. The husband will not receive any homestead exemption because his partitioned property is no longer part of the homestead.

I have seen this happen before.

While I appreciate your understanding of the FCRA and other issues of debtor/creditor law, you have given some substantially false information concerning judgments, judgment liens, and foreclosure sales.

poor lawyer, esq.

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