Legal Question in Family Law in Connecticut
Lien on ex-wife's property
My exwife secretly sold her condo to a buyer that paid cash two months ago. She had several lien's against the property. All were cleared during the closing except mine. I was never notified and the town still shows my lien against the property. The divorce agreement states she must honor the lien. She submitted waranteed deed during the closing stating that there were no liens on the property. I believe she has already spent the money. Has she broken any criminal laws?
1 Answer from Attorneys
Re: Lien on ex-wife's property
Your lien (I'm assuming it's a mortgage she gave you a the time of divorce) should still be valid if it was properly drawn up and recorded on the land records. I'm surprised the buyer's attorney allowed his client to buy the condo without having your lien paid off. A title search may have missed the lien or there may be some problem with it.
If the lien is still valid, I assume there would be a clause requiring that it be paid if the condo is sold or transferred. If it is valid, you should be able to foreclose on the lien to get paid. I have handled this type of matter before and can assist you.
Whether any criminal laws have been broken is not really the point. Most likely, a prosecutor would consider it to be a civil matter and not pursue it.
If you would like to pursue this further, give me a call 860.236.9350 office; 860.977.0660 cell - leave a message).
John Serrano, Esquire
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