Legal Question in Real Estate Law in Illinois
Put lien on property, property sold, lawyer informs didnt see lien?!
I put a lien on my exhusbands property for a judgement for back child support when I found out it was up for sale. I got a call from his attorney who stated he did not see the lien and closed the sale last week, it is a large sum of money, who is responsible for the mistake and what do I have to do now to get paid?
3 Answers from Attorneys
Re: Put lien on property, property sold, lawyer informs didnt see lien?!
I assume that when you filed the lien in the chain of title that you received back a document with a "document number" stamped on it. Even if not, a judgment/lien seach performed by a title company should have revealed the judgment. Of course, if a common name, the title company could have required a Personal Information Affidavit to be filed to clear the title exception. I'm not saying that your ex lied.... I'm interested at to what county the real property was in, and what title company, if any, was used. Please advise by email or call (630)893-2494.
Re: Put lien on property, property sold, lawyer informs didnt see lien?!
Was your husband or his attorney properly served with notice of the lien? If you have documentation of service of process of the lien when filed and it was dated prior to the sale of the house then you are in a strong position to collect against any title insurance or from the current purchasers, depending on what type of title was conveyed warranty deed vs. quitclaim deed. 305-984-5748
Re: Put lien on property, property sold, lawyer informs didnt see lien?!
If the lien was of record it should have been satisfied. I suggest retaining counsel and placing a demand for the title insurance information to make a claim. Any questions give me a call at 941-954-4691 or drop me an email
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