Legal Question in Real Estate Law in Utah
Can I file a Lis Pendens legally if I am a mortgagor?
My wife, Sherri, signed with her former husband as a borrower on an SBA note secured by real property (a restaurant).
The divorce decree granted Sherri's former husband the real property, but says nothing of removing Sherri as a signer on the mortgage.
The SBA refuses to remove Sherri as a signer on the note.
Sherri's former husband has not paid child support for several years and is delinquent $41,000. A year ago he leased out his Restaurant to a large restaurant chain.
Can Sherri file a LIS PENDENS or some other notice of interest in the property to leverage to 1) removing her name responsibility as a guarantor on the note, or 2) to leverage a child support payment from er former husband?
1 Answer from Attorneys
Re: Can I file a Lis Pendens legally if I am a mortgagor?
Sherri can garnish the income from the rental of the property to pay the delinquent child support obligation. The SBA is not obligated to remove Sherri from the note, however, if the obligation was assigned to the ex, he is responsible and must pay and indemnify Sherri from the debt. He cannot bankrupt out of the debt either. If he defaults, Sherri may have to pay the debt, but she can collect from her ex, including costs to enforce his payment.
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