Lis Pendence

I'm a Judgment referral expert, not an attorney. This article is only my opinion, please consult with an attorney if you require legal advice. There's no such thing as "took their name off deed". Property owners either sell their property interest, or they transfer the property to somebody else with a quit-claim deed.

Quit-claim deeds are subject to prior judgment liens. Current judgment creditors with a prior secured property lien may start a judicial foreclosure. Debtor fraud isn't a real issue if the individual holding the title got title subject to the existing creditor lien(s).

When a quit-claim deed is totally incorrect, the judgment creditor may request that the court void the deed. The judgment creditor can either (a) wait for the judgment debtor's property to sell; because you're still on the title to their property; or after they sell the property, (b) begin a foreclosure procedure and bring the new property owner's head to attention, and then if all goes well you'll be repaid soon after either action.

Judgment creditors can can choose to answer complaints. If there's mistakes in the other side's pleadings, the judgment creditor can choose to make a motion to strike; and the other side might choose to attempt it again. If the other side does not identify a cause of action in their court pleadings; the judgment creditor may choose to file a demurrer to the cause of action, requesting that the court to sustain a demurrer to the requested action, without any leave to amend.

If a judgment creditor answers a filed complaint, then the court won't permit a quiet title against the judgment lien created by your filed abstract of judgment, because there' no authority that makes the new wife immune to encumbrance of her interests in the property. Most often, the court will require a "Notice of Pendancy of Action" as the beginning step for a new lawsuit involving real estate.

Judgment creditors trying to get another judgment for fraudulent transfer should begin by filing and recording a notice of pendancy of action (lis pendence), with the court's stamp; prior to filing a complaint against the other spouse as a fraudulent transferee of the property. By doing this, any loans made after to the recording of your lis pendens will be subject to the ruling of the court, in the ruling tied to your lis pendens.

When you win a lawsuit and get a judgment and record your property lien, your lien will be above to all lenders who make a loan after the date that you recorded a lis pendens, except maybe in wacky jurisdictions like Florida.

In certain places, judgment creditors need to put up an undertaking with their lawsuit. Sometimes the court permits you to state your case, and if the court agrees you have a very good chance of prevailing on the merits; the undertaking could be very small. If you're trying a long-shot, then the undertaking could be as much as the amount of the judgment you are trying to recover!

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - where Judgments go and are quickly Collected!

This article was published on 15 Aug 2014 and has been viewed 487 times
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