Attaching a judgment to property, and where it ranks.
Esshaki Legal Media TeamCurrent as of August 2024
A judgment becomes a lien on the debtor’s property through a recording or
docketing step that varies by state and by property type.
Real property. Recording a certified copy or an abstract in each county
where the debtor owns or may acquire property. The lien attaches to property
owned at recording and, in most states, to property acquired afterwards while
the lien is effective.
Duration and renewal. Effective for a statutory period — commonly five to
ten years — renewable by re-recording before expiry. A lapsed lien loses its
priority date, which is why the renewal date belongs in a diary.
Priority by recording date against subsequent purchasers and lenders, and
subordinate to earlier recorded interests. Purchase money mortgages take
priority over pre-existing judgment liens in many states.
Personal property. Generally requires a levy rather than a recording, though
some states provide for a lien on personal property by filing.
Homestead and exemptions limit what the lien can reach.
Effect in practice. The lien surfaces on any title search, which means it is
paid on a refinance or sale even if no enforcement action is ever taken. For
many judgments this passive enforcement is the entire collection strategy.
Release. Prompt release on satisfaction, since statutes impose penalties for
failing to release.