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FLTraumaRN911 · May 9, 2007, 09:27 PM

My questions is I got divorced and in the final disolution of marriage there was a property settlement agreement. My ex-wife is suppose to pay me 35,000 for my part of the equity in the house. She never signed the promisary note. My Attourney and I took her back to court on contept and was granted to file a Lis Pendens against the house. I found out by looking up the court records. That her loan company has filed for foreclosure on the house and she also signed a contract on the house also. So Am I going to get paid. First the Judgement for the property settlement was signed on Dec. 12, 2006, then on May 1st 2007 the loan comp. filed and won the Foreclosure, on May 4th, 2007I was able to file the Lis pendens. What I really want to do is show that %#$@^ and have her thrown in jail for breech of contract, contempt of court, and still get my money is that possible?

Thanks Bill

Cvillecpm · May 10, 2007, 10:10 AM

That's probably not going to happen since the bank's position on the property is in the FIRST position and your settlement agreement is further down the line of priority. The bank foreclosing eliminates your "judgement" on the property; however you should go after any other assets.

mr.yet · May 10, 2007, 10:21 AM

Lis Pendens only means pending suit against he property, you will have to take her back to court since foreclosure process has started.

Lis Pendens may cloud the title some what.

AW805 · May 10, 2007, 06:17 PM

Go to jail for breach of contract? The prison system would really be overloaded.

Fr_Chuck · May 10, 2007, 06:34 PM

Yes sorry, this is not a crminal act, perhaps the contempt of court for not signing the paperwork ordered by family court, but don't except that to happen.

Next as mentioned the lis pendens is only a notice that you plan on filing a law suit, but has not actual standing, so you need to file a suit and place a lien on the property.

But I will be frank and honest, if there is a very high first mortgage on the property, when they sell it at auction for the foreclosure, it is very possible that there will not even be enough money to pay off the first mortgage, so you will get nothing when it is sold at forecloure, but you need to get that lien in place prior to it going into the foreclosure.

AW805 · May 10, 2007, 06:39 PM

Originally Posted by Fr_Chuck

Yes sorry, this is not a crminal act, perhaps the contempt of court for not signing the paperwork ordered by family court, but don't except that to happen.

next as mentioned the lis pendens is only a notice that you plan on filing a law suit, but has not actual standing, so you need to file a suit and place a lien on the property.

But I will be frank and honest, if there is a very high first mortage on the property, when they sell it at auction for the foreclosure, it is very possible that there will not even be enough money to pay off the first mortage, so you will get nothing when it is sold at forecloure, but you need to get that lien in place prior to it going into the foreclosure.

Fr_Chuck is right. And to add, you might have to bite the bullet on this one and pay to get it out of foreclosure.

FLTraumaRN911 · May 10, 2007, 10:03 PM

Originally Posted by AW805

Go to jail for breach of contract? The prison system would really be overloaded.

Well the rest of the story is: We went to court May 3rd 2007 for contempt of court for her not signing the Promissory Note. In court she refused to sign the note and the Judge granted the Lis Pen dens. So I place the Lis Pen Dens. The Next day I found out that She was in Foreclosure for non payment of the loan. Then today she faxed me a copy of the contract and she actually signed the contract on May 2nd. So when she came to court she new she was putting off the signing of the Promissory note to keep me from getting the Monies owed me. So let's see she is in Contempt, She defraud the Courts by telling them they needed a real estate Attny to review the Promissory note which at this time committed perjury, so the judge granted the Lis Pen Dens, and gave her until may 25th to sign. She new on may 2 she could close on the house before May 23rd before the house is sold at auction and still not sign the promissory note. So I am thinking get her sued for Breech of contract with the Buyers, sell house at auction, re-coup some monies. And sue her for the rest or get the judge to award it as Alimony so she can not file Bankruptcy to keep from paying.

Fr_Chuck · May 10, 2007, 10:21 PM

Get the lien on the property, and you have to get your money if the house closes, her already having a contract does not stop you from placing the lien, and if the Lis Pen Dens was recorded with the deed, it will show up on the title search showing you have pending court action on the deed.

AW805 · May 10, 2007, 10:50 PM

If the property is in escrow, are you doing a short sale since property is in foreclosure? Also, if you do record/file lien as Fr_Chuck is suggesting, be sure to notify the escrow/title company so that it doesn't get missed at closing.

I'm not following with the breach contract with the Buyer though. Is the home still in escrow or not?

If it is, here's my thought. Bring the home out of foreclosure & add it to the $35K that is owed to you. Have the total amount paid to you at close of escrow. Do you want a foreclosure showing on your credit?

FLTraumaRN911 · May 11, 2007, 06:55 AM

Let me clear this up! My ex-wife and I got divorced. As part of the property settlement a judgement was ordered and entered for her to pay me 35,000.00. I gave her a paid off house and signed a quit claim to her. She went out and got a loan on the house and now is in foreclosure for failure to pay. My judgement went in on Dec 12, 2006. She defaulted in Feb. 2007 and was forclosed on may 1st 2007. May 2nd she signed a binding contract with a couple to purchase the house. May 3rd we go to court for contempt for failure to sign promissory note. May 3rd the Lis Pen dens was granted and Her and her attny got pissed. Because the were keeping the signed contract a secret. In court she was ordered to sign the promissory note by may 25th. Knowing she signed a contract on May 2nd to sell the house on May 21 before the May 23 auction and before the May 25 deadline. So she sends me a certified letter asking me to lift the Lis Pen Dens so that she can sell the house before the Auction. I e-mailed her asking for a copy of the foreclosure letter, the HUD1 form or a copy of the contract to see what monies she would be receiving, and I asked to have a promissory note for the remainder of the monies that she would owe me. She was not smart enough to say NO. The contract shows that she went to court Knowingly and willfully defrauding the courts and to boot she committed perjury because the judge asked if there was a contract on the house and she said NO. Hence she had a contract in hand and asked for the May 25th deadline. Now I have a copy of the contract to prove that, and I am not going to Lift the Lis Pen dens. Which will cause her to Breech her contract with the Seller, because on the contract she states that other than the foreclosure there is no other leins. Well I did one even better I filed the Lis pen dens on may 4th and recorded it. Then I took a copy over to her Realitor and to the Title company. Now my attny is filing it as a lien on Monday May 14th. With Proof of her attempting to Defraud the courts. So I figure either the sale will go through and a lien will have to be satisfied or I will let it sell at the Foreclosure auction where I stand a better chance to re-coup my monies. Because of the Judgement being filed first and now with the Lien.

Cvillecpm · May 11, 2007, 02:08 PM

I don't think the judgement will take position BEFORE the mortgage. Just recording the judgement may not make it in a FIRST position to make you get your money first.

AW805 · May 11, 2007, 08:29 PM

Originally Posted by Cvillecpm

I don't think the judgement will take position BEFORE the mortgage. Just recording the judgement may not make it in a FIRST position to make you get your money first.

I don't think he means first before the mortgage lien was recorded.

She's a piece of work, huh? Best scenario is the sale of the home goes through the Seller. Hopefully, you will get your money from a foreclosure sale. I don't know the value of the home and the amount of loan still owed. But there's a chance.

glaury2002 · Jun 4, 2009, 04:21 AM

If lis pendens filed on property can owner quit claim property to me. I accept there is debt on property

glaury2002 · Jun 4, 2009, 04:24 AM

Can property which has lis pendens filed on it be quit claimed to me. I know debt will have to be paid before I will be able to get another mortgage

glaury2002 · Jun 4, 2009, 04:27 AM

If lis pendens filed on property can owner quit claim property to me. I accept there is debt on property and it will have to be satisfied before I can get another mortgage

ForeclosureHelp · Jun 8, 2009, 04:01 PM

Hello... if you have a property settlement agreement, when she took out the loan that switched positions where you was in 1st, but now 2nd position.

If the property goes to Sheriff Sale you would actually have to go to the sale & purchase the home back & then you could sell it. Any profits you would make would be yours!

However, if the mortgage loan is upside down and you are in 2nd lien position the most that the 1st lienholder will pay if $3k.

With a property settlement agreement I was helping someone in this situation where the husband owed the wife... he paid it or he was going to jail! Is there anyway to attach something against her wages to pay you on a monthly basis, such as alimony?