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4. After the sale, the creditor's judgment will be a lien on
Assume that the court properly ordered a partition by judicial sale.
The son needed cash, but the daughter did not wish to sell Blackacre. The son commenced a partition action against the daughter and the creditor.
A week ago, a creditor obtained a money judgment against the son and properly filed the judgment in the county where Blackacre is located. A statute in the jurisdiction provides: any judgment properly filed shall, for 10 years from filing, be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered.
A mother owned Blackacre, a two-family apartment house on a small city lot not suitable for partition-in-kind. Upon the mother's death, her will devised Blackacre to «my son and daughter.»
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A is incorrect. The creditor's lien only entitles him to property owned by the brother, so the creditor will not have a lien on the entire interest in Blackacre.
B is incorrect. The creditor's lien was on the brother's interest in Blackacre, and that interest terminated when the property was sold.
C is incorrect. As explained above, the creditor only has a lien on the brother's interest in Blackacre, not the proceeds of the sale.