Legal Question in Family Law in Massachusetts
placing a lien on property sale
We divorced 7 years ago. Per settlement, I was to sign over the house to him within 30 days of divorce being final. I did. He was in turn to take out a second mortgage in my name for $25,000. and hold that amount until he sold the house at a future date, at which time the money was to be mine. he has the house on the market, and there is no record of a second mortgage for me at the registry of deeds. How do I place a lien on the sale of the property to make sure i get what is rightfully, and lawfully mine as per the divorce settlement?
3 Answers from Attorneys
Re: placing a lien on property sale
Retain an attorney to bring a a contempt or modification complaint in the Probate Court that issued the divorce judgment. Good Luck!
Re: placing a lien on property sale
You should engage an attorney and file an immediate contempt. Your attorney can seek the reimbursement of your fees and expenses from the ex-husband, and the Court is likely to award these.
Re: placing a lien on property sale
The previous answers are correct. You should bring a Contempt action in the probate and family court. Your attorney might consider seeking a trustee attachment of your attorneys fees and the full $25,000 directly payable from the proceeds of the sale of the home.
Do not hesitate to contact my office if you would like to discuss this matter further. Do not delay!
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