I gave my ex husband the house in the divorce. we have a lien on it when the divorce that was the only bill i got to pay the lien @ n100.00 a month

Asked by Wiccamoonstone, 97266 Thu Jan 28, 2010

he got other bills he hasent paid on well he did not pay the mortgage for 6 months on purpose you know it man so he decided to short sale now it is coming time the Realtor comes over to have me sign the papers and he had not checked the box where it asks if there is a lien he left it blank i checked it and I said to the Realtor We have a JUDGMENT/LIEN she says you are kidding oh no Missy i am not i called the people that i pay the lien too a level 3 collector and he said they are not getting the house until i am paid and believe u me he meant it whats going to happen to me how do i handle this? thank you

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Joanna Morris, Agent, Inverness, FL
Thu Jan 28, 2010
I believe that things can be worked out if people communicate. They will likely try to get the lien holder to settle with them. The purpose of short sale is there is a hardship or inability to pay and the bank is willing to sell for less than what is owed. The property would have to be free and clear to transfer. My experience in the past has been that the first lein holder could foreclose and wipe out the judgement.

If this gets too complicated you may want to speak to a Real Estate Attorney.
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Roland Corral, Agent, RANCHO CUCAMONGA, CA
Tue Jun 22, 2010
It's been my experience that the banks usually pay the liens so the property can be sold. It's not worth hanging on to the property. Of course it depends on all the factors and you may want to consult an attorney since this isn't legal advice. You may be surprised to find out you can probably buy a house pretty quickly and also qualify as a first time home buyer and get down payment assistance regardless of whether you owned a home in the last 3 years or not. I've helped people get upwards of $80K in down payment assistance and helped them get back on their feet.
I can tell you that I am a licensed and certified Real Estate Appraiser as well as a Licensed Realtor. If banks won't buy or sell investing their hundreds of thousands of dollars without the professional advice of an appraiser and if the Federal Housing Administration will only accept a "Certified" appraisers stamp of approval on a property. Why would you do any less? Please feel free to call me at my cell: 909-917-6176. My clients receive the benefit of my expertise as a Realtor as well as a "Certified" Real Estate Appraiser.
I also have access to much more data than most real estate professionals do because I must pay for it and use it for appraising. This allows my buyers to find properties many don't even know are for sale. My sellers also know they will get top dollar for their properties because I can see the value as an appraiser and what improvements will benefit them most.
In the end however, Your transaction will be about you and what's best for you. I've actually advised people against buying or selling regardless of my loss of commission because of my knowledge of the market. I figure what goes around comes around. I help people that haven't owned a home in the last 3 years get first time home buyer down payment assistance even though the commission is less and there is more work to do. I know that if I do a good job for my clients and can show them I care, they will always send the blessing back to me.
Feel free to call and pick my brain. :)
In the meantime, God Bless,
Roland Corral
Web Reference:  http://ivalue.biz
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Diana Margala, Agent, Rancho Cucamonga, CA
Thu Jan 28, 2010
This is really a question for an attorney, who would need to look at all the facts, (type of lean, divorce documentation.).

As far as the short sale, the recommendation of having the agent to get a title search is important. This will provide the information as to all the liens attached to the property. In order for the property to be sold, (short sale or regular) it will require all liens on the property (mortgages, liens, taxes and even personal taxes for owners, back child support and alimony) to be paid through the proceeds of the property or by an agreement reached by the seller and the lien holder of the property being sold.

It becomes complicated if the property has more than a first mortgage because not only do you need permission from the first mortgage to take less than what is owed, you also need them to provide some of their proceed to go towards the pay off of the other liens, and then you need the other lien holders to take less than what is owed to them. (That is why it is called a short sale the amount being paid back is short). A lot of work and a lot of communication is required. Remember that the property needs to be clear of all liens to be transferred through sale.

If the property is foreclosed, depending on the type of liens will give you the answer if in fact the other lean are released and if there are any repercussions to the owners as to liability on the released lien.

Good luck and let me know if you need anything else.
Web Reference:  http://www.dianam.com
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Keith Manson-…, , Milwaukee, WI
Thu Jan 28, 2010
In a short sale everyone needs to sign off and agree to a settlement if the deal will happen. The real estate agent should have a title update to understand the outstanding liens that need to be satisified. This information would be supplied to the bank for their approval and any deal would be subject to formal release of all concerned. If you are on the mortgage you will be responsible for the mortgage debt and possilbly other liens too. If the divorce process it seems lawyers don't address the paper trail for mortgages and it is always a issue if payments stop.

Make sure your realtor knows how to handle short sale cases and if not ask him to get someone to assist him/her. The process is not easy and communication is the key.

Good Luck

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee

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