Legal Question in Family Law in California
I got devorced in 05 my exwife got the house and when she sold the house she was to pay me 100k. She refinaced it 2 or 3 times, last time putting it in hers and her now husbands name. She then moved out and lost the house. My understanding is that I was to have a lein on the property and if this were to happen I was do be given the option to take it over. Do I have any recourse on her, banke, underwriters, or those that handled the devorce? I thankyou for your time and response.
1 Answer from Attorneys
In addition to your judgment, a deed of trust (creating a lien) should have been prepared and recorded with the county recorder. That would have meant she couldn't refinance or sell without paying you or getting you to sign off approving any transactions. You only have recourse against the lenders/escrow/title companies if they ignored your properly recorded lien. You have recourse against "those that handled the" divorce if they didn't do the paperwork properly.
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