torvald Posted March 7, 2006 Share Posted March 7, 2006 (edited) phooey --- another torvald ordeal!to put it at simply as possible. i am divorced. the court agreed in the divorce papers that I could take a lien on the home/property to try and recover some of the massive debt my former spouse left me with. i officially put a lien on the property which is here in harris county. While using the HCAD website to contact the landlord about the crazy yelling family next door, out of curiosity, i checked on the other property... the house was sold over a year ago. i have not been in contact with my former spouse since the divorce but doesn't the title company have to make sure all is well before the property can change hands?i am still sort of in shock about this but if there is an online resource where i can read up on this i would be grateful. i need to go through my files to find the original lien and i assume after that i will need to contact a lawyer. i am totally clueless about these things and with my mega-modest budget i want to be as informed as possible before contacting a lawyer.i figure with the some of the experience on this forum at least one of you folks could at least point me to a resource or two.... THANK YOU Edited March 7, 2006 by torvald Quote Link to comment Share on other sites More sharing options...
jm1fd Posted March 7, 2006 Share Posted March 7, 2006 As I recall, if the property was foreclosed on by the mortgage holder, then your lien got toasted by the bank because it was subordinate to the mortgage lien. The only thing that can toast a mortgage lien is a property tax lien.This is all from memory, and I could be remembering this totally wrong, but it will give you something to start with. Quote Link to comment Share on other sites More sharing options...
torvald Posted March 8, 2006 Author Share Posted March 8, 2006 As I recall, if the property was foreclosed on by the mortgage holder, then your lien got toasted by the bank because it was subordinate to the mortgage lien. The only thing that can toast a mortgage lien is a property tax lien.This is all from memory, and I could be remembering this totally wrong, but it will give you something to start with.knowing my former spouse... this is a total possibility. i guess another step is trying to locate this person, no death record came up when i checked today, yet nothing else concerning them did either. i am guessing that these are all things a lawyer would handle... which leads back into my current finances which my X made impotent in the first place --- damn. Quote Link to comment Share on other sites More sharing options...
Lowbrow Posted March 8, 2006 Share Posted March 8, 2006 This so sounds like something I would go through. I empathize but have no info for you. Quote Link to comment Share on other sites More sharing options...
banking214 Posted March 8, 2006 Share Posted March 8, 2006 (edited) phooey --- another torvald ordeal!to put it at simply as possible. i am divorced. the court agreed in the divorce papers that I could take a lien on the home/property to try and recover some of the massive debt my former spouse left me with. i officially put a lien on the property which is here in harris county. While using the HCAD website to contact the landlord about the crazy yelling family next door, out of curiosity, i checked on the other property... the house was sold over a year ago. i have not been in contact with my former spouse since the divorce but doesn't the title company have to make sure all is well before the property can change hands?i am still sort of in shock about this but if there is an online resource where i can read up on this i would be grateful. i need to go through my files to find the original lien and i assume after that i will need to contact a lawyer. i am totally clueless about these things and with my mega-modest budget i want to be as informed as possible before contacting a lawyer.i figure with the some of the experience on this forum at least one of you folks could at least point me to a resource or two.... THANK YOUFrom what I am gathering is this. You filed for divorce. Your former spouse was awarded the property, correct? Typically you see one of the parties deeded off of the Deed of Trust and the other party pays them a certain amount. This could be a tricky deal though. Edited March 8, 2006 by dbigtex56 Quote Link to comment Share on other sites More sharing options...
torvald Posted March 8, 2006 Author Share Posted March 8, 2006 This so sounds like something I would go through. I empathize but have no info for you.appreciated. i Quote Link to comment Share on other sites More sharing options...
torvald Posted March 8, 2006 Author Share Posted March 8, 2006 From what I am gathering is this. You filed for divorce. Your former spouse was awarded the property, correct? Typically you see one of the parties deeded off of the Deed of Trust and the other party pays them a certain amount. This could be a tricky deal though.yes, this is what happened but the evil X took out a loan using some of my personal property as corrateral while we were married to protect that collateral they agreed to have a lien applied to my X's house as insurance to me.unfortunately, X willfully defaulted on the loan and my collateral was taken. so i figured if they X wanted to sell the house that i would at least recover my losses a bit... Quote Link to comment Share on other sites More sharing options...
TJones Posted March 8, 2006 Share Posted March 8, 2006 yes, this is what happened but the evil X took out a loan using some of my personal property as corrateral while we were married to protect that collateral they agreed to have a lien applied to my X's house as insurance to me.unfortunately, X willfully defaulted on the loan and my collateral was taken. so i figured if they X wanted to sell the house that i would at least recover my losses a bit...If the house was sold, apparently your lien was paid off, hopefully you haven't been making any payments . Quote Link to comment Share on other sites More sharing options...
torvald Posted March 8, 2006 Author Share Posted March 8, 2006 If the house was sold, apparently your lien was paid off, hopefully you haven't been making any payments .no, have not been making payments but it Quote Link to comment Share on other sites More sharing options...
torvald Posted March 12, 2006 Author Share Posted March 12, 2006 ok dug up the lien and its a "deed of trust to secure assumption" on the property. i have all of my paperwork -- now i just needto figure out what sort of lawyer to contact --- ? Quote Link to comment Share on other sites More sharing options...
RedScare Posted March 13, 2006 Share Posted March 13, 2006 ok dug up the lien and its a "deed of trust to secure assumption" on the property. i have all of my paperwork -- now i just needto figure out what sort of lawyer to contact --- ?Frankly, this sounds more like a mortgage foreclosure. That would explain why your note was not paid off. Check the deed records to see if the property was foreclosed or in fact sold, then call an attorney specializing in real estate law to find out your options. Quote Link to comment Share on other sites More sharing options...
banking214 Posted March 13, 2006 Share Posted March 13, 2006 Frankly, this sounds more like a mortgage foreclosure. That would explain why your note was not paid off. Check the deed records to see if the property was foreclosed or in fact sold, then call an attorney specializing in real estate law to find out your options.I would agree with RedScare. Sounds like a foreclosure. Quote Link to comment Share on other sites More sharing options...
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