Legal Question in Family Law in Maryland
Will I get the monetary award first?
my stbx refinanced our marital home (my name was never on the mortgage but I am entitled to the equity during the course of our marriage) and then allowed the home to go into foreclosure after taking the money and running to another state. Well I saw on the Md. case site that the bank's attorneys have filed a civil case against him. My divorce hearing is Feb. 22 which will be b4 the foreclosure case goes to court.
My question is that if the courts make a monetary award in my favor first, then the banks get an award, will I be paid first since my case came to court first?
1 Answer from Attorneys
Re: Will I get the monetary award first?
If the case filed by the bank is essentially the foreclosure action, it is unrelated to your divorce case. The bank is entitled to enforce its security interest. If the bank already completed the foreclosure and is suing him for a deficiency--a collection action--then it depends on who is able to enforce a judgment against your stbx. If the court in ruling on your divorce awards you a money judgment against him, you can try and collect on it by attaching a bank account, other real property he might own in his own name, or by garnisheeing his salary if he is employed. The bank can do likewise, but you would have a "head start" because you'd have your judgment first.
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