can a court ruling regarding a debt be ingnored?

I have a new property.....new but on an established urbanisation.  The community of owners took the builder to court to recover community fees they said he owed....eventually , on appeal, the court ruled he was liable to pay.  4 months following the ruling, I bought the property, and now I am being told I have to pay and I don't understand how this can be.  The court papers name the builder and state that he has to pay so why am I being pursued for the debt and threatened with litigation.  Should the community of owners be looking to have the court judgement enforced ? Does anyone have any answers - I knew that debt is passed on with a property but this case is different ( I think) because of the court ruling?

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Hmm, be interesting to see if Maria can jump in and respond to this.

I would have thought that buying the property with any debt associated with it would mean that the debt becomes yours, regardless of the court ruling.

Has anyone else been affected by this on your community?

Justin

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Hi - sorry but am not too sure of difference the court ruling makes, but your lawyer should have withheld the amount of any debt which was not cleared at the Notary to make sure that this sort of situation didn't happen.

The community may now expect you to pay and then it is up to you to chase the original debtor. 

I would have a word with your lawyer. 

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I would have a word with a different lawyer!

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Thank you for your replies. My point about the court ruling was that having spent owners money on the court case , the urbanisation should ensure the decision is enforced-the court did not specify Mr X or the new owner. Also, the administrator knew that the property was for sale so would not the responsible thing have been to put an embargo on the sale? I am bow being threatened with court to recover the debt and I suspect the ruling will be enforced. I will seek further advice and then probably 'bite the bullet' and pay up. Lesson learned!

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I am afraid, you will have topay and then make a claim agaisnt the lawyer´s indemnity insurance as he should have secures you were getting the prorperty free of any charges.

In relation to the debt corresponing to your house the developer was the debtor ( even judicially declared as you mentioned) till you bought the house.

 

This message was last edited by mariadecastro on 08/02/2011.

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Thank you Maria for your advice which I will follow.

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