Re: Judgment creditor with equitable lien

Posted by AGee (66.120.117.244) on September 23, 2002 at 13:43:09:

In Reply to: Re: Judgment creditor with equitable lien posted by Linda on September 21, 2002 at 02:57:48:

After the trial the judgment amount was 23k issued as an equitable lien against real estate. But within 60 days the debtors 1) purposely destroyed the home by tearing parts of it down and devalued it by 30k, 2) filed BK and 3) allowed the sr leinholder to take back the property. However, we fought the BK and won an adversary proceeding that ultimelty protected not only our debt from being discharged but all the debts that were listed. We patiently waited all these years until the debtors started building up credit and maintained decent jobs. We recently filed for a renewal of the judgment (10 year) and now they are fighting it. The interest alone is now 23k. The court is taking the position that it is not a "money judgment" even if it has "value". I'm looking for information that may help us still collect on this debt. We have done everything in pro per (I have a law degree)but am not familiar with equitable liens. I don't see how it would be fair that the court's judgment to prevent unjust enrichment would just go away - even after all the proper papers were filed in the statutory time frame.
If you have any suggestions I would love to read them. Thanks for your interest.

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