Ask Me Help Desk - Foreclosure and a divorce lien

I've searched through the other posts and didn't really find an answer to this question... if I missed it I apologize for asking again.

If I understood what I read in other posts, I need to take my property settlement to the courthouse and have a divorce lien filed. Is that correct?

The property settlement states that my ex-husband must pay me $15K if the home changes ownership in any way. (I did that so that he couldn't transfer it to one of the kids and avoid paying me if he sold it.) We were living together, but not married, when we bought the house. We were advised by an attorney that since we weren't married at the time of the purchase and my name is not on the mortgage or the deed, that I was only entitled to half the value of the improvements during the marriage.

My concern is that he is now unemployed and I fear he may allow the house to go into foreclosure. What happens to my lien then? Will the mortgage company satisfy it or am I just out the money?

Quote:

Originally Posted by confusedinfl

I've searched through the other posts and didn't really find an answer to this question...if I missed it I apologize for asking again.

If I understood what I read in other posts, I need to take my property settlement to the courthouse and have a divorce lien filed. Is that correct?

The property settlement states that my ex-husband must pay me $15K if the home changes ownership in any way. (I did that so that he couldn't transfer it to one of the kids and avoid paying me if he sold it.) We were living together, but not married, when we bought the house. We were advised by an attorney that since we weren't married at the time of the purchase and my name is not on the mortgage or the deed, that I was only entitled to half the value of the improvements during the marriage.

My concern is that he is now unemployed and I fear he may allow the house to go into foreclosure. What happens to my lien then? Will the mortgage company satisfy it or am I just out the money?

If the house goes into foreclosure and more is owed on it than it is worth (which is usually the case) then the house will be gone and you will get nothing. The mortgage company won't pay you anything.

If the house has equity and after the foreclosure sale there are some residual funds left (not likely in most cases) then you might get some or all of the money you are owed provided you file your notice of lien in time. You'll need to file an abstract of judgment to protect yourself. Even then recovery is an iffy proposition.

The way you would do it in California, by way of example, is go to the courthouse with an abstract of judgment properly filled out, have the clerks issue it and give you a certified copy, then take the certified copy to the County Recorders Office and record it (the Recorders Office is where title records to land are maintained, they are NOT maintained at the courthouse).

If they foreclose and it sells for less than the liens amount the first mortgage gets paid first. So yes most likely your lien has no value.

On the positive point if the wording says "if he changes hands" once it goes back to the bank, he owes you the money, but of course he has no money, but you can try and take him back to court to see if you can force him to pay some other way.

Also you may be able to work with the mortgage holder and try to buy the foreclosure from them if you want the house

Quote:

Originally Posted by cadillac59

If the house goes into foreclosure and more is owed on it than it is worth (which is usually the case) then the house will be gone and you will get nothing. The mortgage company won't pay you anything.

If the house has equity and after the foreclosure sale there are some residual funds left (not likely in most cases) then you might get some or all of the money you are owed provided you file your notice of lien in time. You'll need to file an abstract of judgment to protect yourself. Even then recovery is an iffy proposition.

The way you would do it in California, by way of example, is go to the courthouse with an abstract of judgment properly filled out, have the clerks issue it and give you a certified copy, then take the certified copy to the County Recorders Office and record it (the Recorders Office is where title records to land are maintained, they are NOT maintained at the courthouse).

Any idea where I would find an Abstract of Judgment form for Florida?