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    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #1

    Mar 17, 2009, 06:53 AM
    Collecting on real estate lien after title search
    We went to small claims court and won. We were not paid so were told to file a lien against their house. We have not done so yet. We found out the house was sold. I just checked and the property is still in their name. We are going to file the lien tomorrow. If the new buyer has already had the title search done, will ever collect the lien?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Mar 17, 2009, 08:15 AM

    Welcome to AMHD. You may collect if the lien is filed before the closing. How did you find out the property was sold?
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #3

    Mar 17, 2009, 08:33 AM
    I saw the house on trulia.com. It was sold on Feb. 3rd. If the title search has been done, is there anywhere I can search to find out who is buying the house, or the mortgage company? Since it was sold on Feb. 3rd, I am assuming the loan will be closing soon.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Mar 17, 2009, 08:50 AM

    You (or someone on your behalf) could contact the owner/seller, and ask for the purchaser's name. The sale is not consummated until the closing, as far as I am aware. You may still have time to perfect your judgement lien.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 17, 2009, 08:54 AM

    I agree with George, If you saw a notice of a sale on Feb 3, its likely they already closed. In which case filing a lien will do not good. I would still file it, but what will happen is if the transfer date (the date of closing) is prior to your filing the lien will be rejected.
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #6

    Mar 17, 2009, 08:58 AM

    I will. Thanks. I hope it is not to late. We really need the money!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 17, 2009, 09:58 AM

    If its too late to file a lien, you might try finding an attaching their bank accounts.
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #8

    Mar 17, 2009, 10:23 AM

    How would I find out an account number? I don't have any social security numbers. At one point we were going to rent this house. After giving deposits, work, etc. we spent over $3000, then he wouldn't let us move in. I really want to get the money from this guy. We also paid rent effective on the 1st, and on the 8th it still was not ready to move in to. We were lied to consistently. He needed our money to move his father out of the house and into an apartment. Once he got our money to do that, he didn't care. We found this out after the fact.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #9

    Mar 17, 2009, 10:31 AM

    You only need the bank, not the account number.
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #10

    Mar 17, 2009, 10:35 AM

    Would the courthouse handle this, since he never paid the judgment? He lives several hours away and I have no way of finding out any personal information.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #11

    Mar 17, 2009, 10:37 AM

    You would file an attachment or garnishment (v. bank or employer) yourself, in the courthouse. You must know the law on this; the clerk will provide information, but not legal help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Mar 17, 2009, 10:42 AM

    See if the buyer has any information. You can also ask the court to require that he complete a financial statement.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Mar 17, 2009, 10:53 AM

    Has the hosue already "closed" or it is merely has a contract
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #14

    Mar 17, 2009, 10:53 AM
    Thanks, I will. My husband is going to the courthouse tomorrow.
    The house has not been transferred yet in to the new owners name. I just thought of something. Maybe I will call the listing agent and tell them that the new buyers may want to run another title search, that we filed a lien. First I want to make sure it is posted at the courthouse. If they haven't closed, I would think she would tell them. Then we will get the money at closing, or before. Not sure how that works.
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    annreynolds Posts: 8, Reputation: 1
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    #15

    Mar 17, 2009, 10:57 AM
    He was not interested in any owner financing, so I am sure the buyer's are going through conventional means to buy it. It has been six weeks since sell date. Don't know if it has closed or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Mar 17, 2009, 10:58 AM
    Quote Originally Posted by annreynolds View Post
    He was not interested in any owner financing, so I am sure the buyer's are going through conventional means to buy it. It has been six weeks since sell date. Don't know if it has closed or not.
    If its closed the buyer may have info on what bank the checks issued at closing were drawn.
    annreynolds's Avatar
    annreynolds Posts: 8, Reputation: 1
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    #17

    Mar 17, 2009, 11:06 AM
    That's true. I am sure they wouldn't want to deal with a lien on their property and would want it taken care of. Good idea.
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