I have a judgement against a person and they quick claim deeded the house to their husband to avoid me taking it from the judgement. Is there a way I can tie this individual back to the house and be able to do it on my own without the use of an attorney. Any help would be greatful.
Thanks
2007-10-30 05:41:50 · 6 answers · asked by mariabrandt1 1 in Business & Finance ➔ Credit
You need a lawyer! It appears that the quit-claim was filed in order to avoid the judgement. However, if the judgement has already resulted in a lien against the house, the quit-claim is invalid.
You need a lawyer before these people outwit you completely.
2007-10-30 05:51:10 · answer #1 · answered by noname 7 · 0⤊ 0⤋
If your trying to lay claim on a home, you definately need a lawyer and they are not cheap nor can guarantee any results! Find out what your rights are in your state where the judgement was awarded.
Contacting the bank or lending institution of the property can possibly put some pressure on the persons who lent the money to the couple.
Quit Claim Deed is only valid if the judgement was awarded after the transfer of interest. Otherwise her effort to transfer property would show the court her willingness to deceive rather than pay the debt.
2007-10-30 06:31:24 · answer #2 · answered by Staci 4 · 0⤊ 0⤋
Did you recorded your judgment PRIOR to the recording of the new deed? If so your judgment is still attached to the property.
People do this all the time when they are in Floreclosure. They think deeding the property will stop it, but it just creates even more of a mess for them.
Once you recorded the judgement, the lien attaches to the property. If they then sell or quit claim the property without paying off the lien, it stays attached. Its not until they go to sell or refi that title needs to be clear.
You can try to foreclose on the lien, but it will be very costly.
I would just sit back and wait for the to sell or refi and collect your 10%.
If you did not record the judgement prior to the deed, your out of luck.
2007-11-01 12:05:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. PS. Quitclaim, not quick claim.
2007-10-30 06:49:15 · answer #4 · answered by Debdeb 7 · 0⤊ 1⤋
You should never do anything like this w/out an atty. You would be a fool!
2007-10-30 05:45:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
nope, a lawyer can't do anything
2007-10-30 08:23:02 · answer #6 · answered by Anonymous · 1⤊ 0⤋