If there is a judgment against you, or you and your spouse, and you and your spouse want to sell or refinance the home, can you avoid paying the judgment from the sale or refinance? The answer is maybe yes. The devil is always in the details, but if the home is the primary residence, you and your spouse can file a Notice of Homestead in the County where the property is located. If the creditors do not file suit challenging the designation with forty-five days, then the lien no longer applies, and the property may be sold or refinanced without paying off the judgment.
Mitch

