Lien on house

iVillage Member
Registered: 03-16-2006
Lien on house
3
Fri, 07-07-2006 - 4:52pm

Just found out there is an Attorney's Lien on my house because X did not pay his attorney.

Has this happened to anyone else? What can I do?

Thanks!

iVillage Member
Registered: 03-26-2003
In reply to: dkm1972
Sat, 07-08-2006 - 7:58am
If you plan on selling or refinancing you will have to pay it off. A new mortgage would want first lien position and the attorney lien will have that until it is released. Is the property still in both of your names? Has he quitclaimed it to you or you to him? If you are retaining the property and the divorce isn't final yet I would speak to your attorney about stbx paying off the lien to release it from your property. Good luck.
 
iVillage Member
Registered: 03-16-2006
In reply to: dkm1972
Mon, 07-10-2006 - 9:21am

I ended up faxing a copy of the lien to my attorney and he drafted a letter to my x's attorney, so I'll see what happens. X as far as I know has not signed a quit claim deed, don't know if he ever will. I just don't want to be responsible for his attorney fee or lose the house because of it. It just seems like it's one thing or another.

Thanks.

iVillage Member
Registered: 11-25-2003
In reply to: dkm1972
Mon, 07-10-2006 - 11:51am

If your ex was supposed to execute a quit claim deed, it should have been explicitly stated in the divorce agreement.

If that is the case, yuor ex is in contempt of court for failing to adhere to the agreement. And that is relatively easy to take care of through the courts.

If the quit claim deed was not a part of the agreement, then you need to sue your ex. This is probably straight forward, as damages can be determined.

Although it may seem expensive now, I'd take the time, and money, to take the ex to court. Ex's that start off this way do not usually get better with time. So at least his violations of agreements and payments will be a matter of public record.