2007-03-18 10:16:55 · 10 answers · asked by tinlizzie 2 in Family & Relationships ➔ Marriage & Divorce
I am a paralegal in NY and know that all outstanding liens on a home must be paid before the title may be transferred to a new party. You will be paid once the closing on the house has taken place and the funds have been dispersed.
2007-03-18 10:22:51 · answer #1 · answered by crimsonrose270 2 · 0⤊ 0⤋
If there is a lien on the property it CAN NOT be sold until the debt is paid. If he sold the property any equity in the home will go to pay the support lein. They legally can not release the funds to him, and if so you could sue the realestate agency, the bank etc. Since the transaction has to take place through a bank, you should get paid the back money owed from the sale of the house.
2007-03-18 17:22:49 · answer #2 · answered by Austins Mom 6 · 0⤊ 0⤋
The title cannot be transferred until all liens have been paid off - this means that the sale cannot be completed until you are paid. I would suggest that you make sure the mortgage company knows about the lien - just in case it slips through the cracks.
Lucky you!
2007-03-18 17:30:10 · answer #3 · answered by Me 6 · 0⤊ 0⤋
If there truly is a legal lien, this will be settled as an outstanding bill at the time of transfer of funds during the sale. The Title Company will do a title search, and it is their job to clear the property of outstanding encumberances. But be sure it's been filed properly and legally, and contact the Title Company and make sure they are aware of it.
2007-03-18 17:21:07 · answer #4 · answered by Caper 4 · 0⤊ 0⤋
The title company should seen the lien and at dispersement of funds you should get a check. YEAH for you
2007-03-18 17:19:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The lien had to be filed with the registry of deeds. If it was not then poof. The buyer did due diligence and did not find it. You got to go after the ex then.
2007-03-18 17:24:21 · answer #6 · answered by Wonka 5 · 0⤊ 0⤋
The title cannot be transferred until the lien is paid..
2007-03-18 17:19:16 · answer #7 · answered by Anonymous · 2⤊ 0⤋
the mortgage company should make sure that you get the funds due when he closes on the sale, but you should consult a lawyer to verify what you need to do to make sure you get the funds.
2007-03-18 17:19:27 · answer #8 · answered by CHELLE BELLE 5 · 0⤊ 0⤋
You should get in contact with your lawyer to put a hold on the check until they settle with you.
2007-03-18 17:20:11 · answer #9 · answered by garydj64804 1 · 0⤊ 0⤋
perhaps he would have to give you cash if there were equity in the home when he sold it?
call your attorney.
2007-03-18 17:27:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋