Posted by Randy Fowler on July 19, 2006 at 16:23:29:
I am going to talk to her tonight and have her bring me the Divorce papers so I can read them and I will go with her to the Clerk’s Office and check this out. I will get back to you through creonline as soon as I can get together with her and find this out.
Thank you.
Randy Fowler
Leins - Posted by Randy Fowler
Posted by Randy Fowler on July 19, 2006 at 10:06:08:
What I need to know is I live in California and I was granted $10,000 in a divorce agreement. Can I put a lein on my ex’s real estate to get the $10,000 I am owed? He has not paid me. The house has been put up for sale.
Thank you.
Randy
Randy Fowler
Re: LIENS (not Leins) - Posted by John Merchant
Posted by John Merchant on July 19, 2006 at 13:09:44:
Have you carefully read the final Judgment the divorce court rendered…if the case is final…as frequently, and normally these days, that J will set forth the rights of the ex-H in the property.
Also normally, the W gets the house until the youngest child is 18 or otherwise “emancipated” such as by marriage or court order, either of which could by law find and rule that the child is now an adult in eyes of the law.
And while the court will normally award the W the use of the house until the kids reach their majority, the H is granted a lien in that property payable at that time.
And that divorce “lien” (NOT LEIN) is saleable to a person who purchases said liens.
Re: LIENS (not Leins) - Posted by Randy Fowler
Posted by Randy Fowler on July 19, 2006 at 14:54:30:
I am going to carefully read the final judgement from the divorce court. In this particular case the W settled for $10,000. The H has not paid the $10,000 and is in the process of selling the house. The W wants to get her settlement and wants to know if she can put a lien on the house until the H pays her. So far he is resisting paying. If the W goes back to the attorney who represented her it is going to cost her more money. He didn’t put up much of a fight for her because she is now living in a different part of the state and he said it wasn’t worth it. This is the reason the W wants to put the lien on the house to get her $10,000.
Thank you for your interest.
Randy Fowler
Randyfowler01@aol.com
Re: LIENS (not Leins) - Posted by John Merchant
Posted by John Merchant on July 19, 2006 at 16:14:51:
Anybody should be able to pull up the deed records from any county in CA online and quickly check to see what, if any, liens are recorded against that title…including the J, but ONLY if it’s been “abstracted” which means recorded in deed records.
Or anybody could go to recorder’s office and look at that property file, online there, and see if this J has been so recorded/abstracted there.
If her lawyer was doing his job right he abstracted the J as soon as the court signed it and entered it into the court records.
If that J was never abstracted she could do it today for just a recorder’s fee…the recorder could show her what signatures it would have to have, including Judge, Court Clerk, and a certification from sosme clerk’s office person certifying that the Judge’s signature was his signature, etc.