Short answer. Yes. The levy on execution creates a lien in favor of the judgment obligee over your right, title, and interest in the property at the time of the levy, though that lien is subject to any liens and encumbrances already existing on the property.

What the law says

The levy on execution shall create a lien in favor of the judgment obligee over the right, title and interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing.

Rule 39, Section 12 — Effect of levy on execution as to third persons. Read the full provision →

The lien created by levy

The moment a levy on execution is made, it creates a lien in favor of the judgment obligee over whatever right, title, and interest the judgment obligor has in the levied property, fixed as of the time the levy took place. This lien exists even before the property is actually sold, securing the judgment obligee's position in the meantime. Because the lien is measured by the obligor's interest as it stood at the moment of levy, any transfer the obligor attempts afterward does not defeat what the judgment obligee already acquired through the levy itself.

Subject to pre-existing liens

That lien is not absolute; it is expressly made subject to whatever liens and encumbrances were already existing on the property at the time of the levy. A mortgage or other claim that predates the levy keeps its priority and is not displaced by the judgment obligee's newly created lien. A bank holding an earlier registered mortgage, for example, would still be paid ahead of the judgment obligee out of any eventual sale proceeds.

Why third persons are affected, and what the lien does not do

Because the lien attaches specifically to whatever interest the obligor actually holds, it puts other parties dealing with the property, such as prospective buyers or other creditors, on notice from the time of the levy onward. What it does not do is wipe out or subordinate claims that predate the levy; it simply secures the judgment obligee's position in the obligor's interest going forward, layered on top of whatever already existed.

Why the lien matters before the sale happens

Because the lien attaches immediately at levy rather than only once the property is actually sold, it gives the judgment obligee a secured position during whatever time passes between the levy and the eventual execution sale. A judgment obligor cannot simply wait out that interval and dispose of the property free of the levy, since the lien already fixes the obligee's claim to the obligor's interest as of the moment the levy occurred.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.