By Fredrick P. Niemann, Esq. a NJ Real Estate Attorney
A lawyer friend of mine is representing a seller who has an open judgment for condo fees. The debt was discharged in Bankruptcy but the judgment remains. The question asked involved the procedure for getting the judgment discharged of record?
To answer the question, if the bankruptcy was discharged more than twelve months ago, you must file a motion with the Supreme Court of New Jersey to vacate or void the judgment. However, if the judgment was docketed against the owner and discharged in bankruptcy prior to the seller taking title to the property, the lien of the judgment does not attach, and can be omitted by the title underwriter.
If bankruptcy was not involved, you still must go to the Superior Court and file a notice of motion, with supporting certification, to cancel and discharge the judgment and the condo association lien. The NJ rules of court can be consulted to better learn the process involved.
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