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Property Ownership TransferRecording_nyMEDIUM

Amy purchased a house in Monroe County and received a warranty deed. Before she could record it, a judgment was entered against the seller for $50,000, and the judgment creditor recorded a judgment lien. Amy recorded her deed three days later. Under New York law, how does this affect Amy's title?

Correct Answer

A) Amy takes title free of the judgment lien because her deed was executed before the judgment

In New York, a judgment lien against a property owner only affects property owned by the debtor at the time the lien attaches. Since Amy's deed was executed before the judgment, she was the owner when the lien was recorded, so the lien cannot attach to her interest.

Answer Options
A
Amy takes title free of the judgment lien because her deed was executed before the judgment
B
The judgment lien has priority because it was recorded first
C
Amy takes title subject to the judgment lien because she had not recorded when it attached
D
The judgment lien is invalid against subsequent purchasers

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Related Topics & Key Terms

Key Terms:

judgment_lientitle_passagelien_prioritysubsequent_purchaser
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