johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your feedback
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your response. I will check into this.
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Will check into it thank you.
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Jada
Platinum
Reged: 06/02/07
Posts: 3499
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He needs a judgement (signed off on by the judge) to put a lien on the house.
And he can't add any fees or interest unless it's in the court order.
In other words, he's going to have to go back to court to get the lien and get a judge to add on costs for the fees and interest.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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Liens do work and is a good cheep option here, however if this drags out make sure you update the lien and a lot of people do not know that a lien can be bonded around. Chances are your X doens' know it either but her lawer might.
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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Again I'm no lawyer so definitely get legal advice from a Real Estate attorney, but cases I've read show tyou could:
You can cloud the title very easily and quickly, pro se at no cost. A five minute hearing where you wave your paperwork and the it'll take her a year for a hearing and lawyers fees to fight it. Then you get the lein. With first lien you might even wid up getting the house. For another $400 you can get the property appraised which together with the MLS listing proves she's listing over value to avoid it selling. For another $200 the appraisor shows up in this initial hearing and explains what she's pulling to the judge. Her real estate friend won't want to show up and lie, especially after you call the state board of realtors with your appraisal and complaint. Call her broker too if it's just a salesperson involved, let them know you're going to make ethics trouble based on the appraisal for his license/office and include him/her in the upcoming lawsuit. If she has to subpeona the RE agent it won't look good and the agent won't like it and give friendly testimony. Likely you'll get your court costs, the cost of the appraisal, and more because the appraisor will probably be the only expert testifying and judges tend to go with a real person, especially and expert witness. She has no gender edge to play in civil court. If you are you sufferring damages greater than $15,000 due to your lack of access to your funds don't forget to add that with interest to the suit and file in the major claims court. You should settle for much more than the agreement for the delay.
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