you can add or remove anyone on the title, you cant change who is on the mortgage which is not public knowledge, i suppose your lender might get pissed if the found out you werent on the title but they probably wouldnt care if it was cuurrent.

I doubt you can transfer the title without removing the writ. Thats the whole point of adding the lien, to make you pay them when the asset is sold.

so what is the best thing to do, add a non family member to the title, or transfer my name off title completely and simply hold the mortgage. Also with regard to the 20 k is that 20 k each or total.

No; joint interest would mean that the exemption reduces to 20K of interest (equity) in property that is held by 2 persons, legal or natural I suppose.

Ray

Meaning if i have someone else on title , i would only owe 40k due to the exemption?

It's necessary to distinguish between writ renewals and judgments. Yes, under the Civil Enforcement Act of Alberta (Section 27), the writ can be renewed BEFORE - BUT NOT AFTER - 10 years. The plaintiff is still ultimatey subject to the obligation under the Alberta Limitations Act of seeking a renewal judgment within a ten year period if the original one remains unpaid in whole or in part unpaid.

If a new judgement is obtained, the original enforcement writ in the Land Titles Office is updated if there is one already there.

The 40K exemption is divided accordingly if the real property is jointly owned.

Ray

depends what kind of judgment it is, you'd have to provide more details on who is owed. The banks lawyer has to only show the courts that they tried to serve you and they can usually get a default judgment. Once the writ is on title they don't have to tell you anything.

Is there not some sort of guidelines or some things that have to be done for them to get the renewal. Since i got the writ in 2002, I havent got a letter or even a phone call from the creditor.

It's valid for ten years but at that time the creditor can file a renewal. So it's basically there until you sell the place. Must not be a large amount as Alberta is quite common for a creditor to file force sale action against properties with more than 40k in equity.

more info here - http://www.servicealberta.gov.ab.ca/1026.cfm

I thank you in advance for trying to help me. The basic situation is that i had a writ placed on a property of mine in 2004. The reason it was palced there was due to a real estate deal gone bad, anyway, I am wondering if there is a time period in which writs fall of a property title or if they just sit there forever.