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Lien on a house after a divorce
Two questions: A judge ordered in the divorce proceedings that I file a lien on my ex-wife's house because she owed me money. If the house is sold, how would I get paid with the lien? If the house is foreclosed upon, how would I get paid?
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Hello m:
Your lien takes a position behind all the other encumbrances there were there first. If the house is sold, and there's anything left after all the superior positions have been paid, the closing agent will write you a check. If the house if foreclosed upon, and there is equity beyond that which is owed to the bank doing the foreclosure, you need to foreclose on your lien. When the house is auctioned off, you'll both get paid. If there's no equity in the house to cover your lien, you lose your money. excon |
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