Name Spelled wrong on Judgment

[ex_wife]

What is the name of your state (only U.S. law)? NY

I have judgements on MY property that are my ex-husbands from when we were married. The property is now in my name so I am trying to work with the debt collectors to possibly have them removed. However, one of them has his name spelled wrong AND the address is incorrect. Can that be considered a technicality for having it removed?

 

[single317dad]

What is the name of your state (only U.S. law)? NY

I have judgements on MY property that are my ex-husbands from when we were married. The property is now in my name so I am trying to work with the debt collectors to possibly have them removed. However, one of them has his name spelled wrong AND the address is incorrect. Can that be considered a technicality for having it removed?

Not usually. You can have the error fixed, but unless there's a legal mistake (not a clerical error), the judgment won't be vacated.

The better question would be how the lien survived the property transfer, if that's indeed what happened.

 

[ex_wife]

Not usually. You can have the error fixed, but unless there's a legal mistake (not a clerical error), the judgment won't be vacated.

The better question would be how the lien survived the property transfer, if that's indeed what happened.

The judgement was there before we divorced but I didn't know it yet at the time. We were only seperated. During the divorce, I took one property and he took the other with Liens being on both properties. It was a quit claim deed that just transferred the property to me. It was over a year later when I wanted to refinance and get his name off the mortgage I found out about the liens. The property has since been flooded and has no value. Town wants to buy the property to install a berm to keep the area from being flooded again. I am trying to get several of his liens removed without having to pay them so I can sell the property.

 

[Zigner]

The judgement was there before we divorced but I didn't know it yet at the time. We were only seperated. During the divorce, I took one property and he took the other with Liens being on both properties. It was a quit claim deed that just transferred the property to me. It was over a year later when I wanted to refinance and get his name off the mortgage I found out about the liens. The property has since been flooded and has no value. Town wants to buy the property to install a berm to keep the area from being flooded again. I am trying to get several of his liens removed without having to pay them so I can sell the property.

No, that's not how it works. The liens will need to be paid.

 

[Jeran]

The judgement was there before we divorced but I didn't know it yet at the time. We were only seperated. During the divorce, I took one property and he took the other with Liens being on both properties. It was a quit claim deed that just transferred the property to me. It was over a year later when I wanted to refinance and get his name off the mortgage I found out about the liens. The property has since been flooded and has no value. Town wants to buy the property to install a berm to keep the area from being flooded again. I am trying to get several of his liens removed without having to pay them so I can sell the property.

Unfortunately with liens, when the town buys the land, the liens will have to be paid off in the process.

You won't get as much money out of the land, but at least those judgments will get paid off in the process.

It's worth a try. Talk to your town about selling the land to them, and mention the fact that there are liens on your property. If they want the land bad enough, they might be willing to pay enough for the land to pay off the liens, at least.

 

[Zigner]

Unfortunately...

Seems to me that this should read "fortunately"

 

[Jeran]

Seems to me that this should read "fortunately"

Oh Ziggy!

 

[ex_wife]

Yes, I am aware the liens work and they have to be paid. I have been writing letters and some of them have granted me a discharge for my property knowing the Lien remains on his. So I have gotten lucky there. Others I just have to pay. The debts are not mine so I am just trying to find the best outcome for the situation. Thanks everyone.

 

[Zigner]

Yes, I am aware the liens work and they have to be paid. I have been writing letters and some of them have granted me a discharge for my property knowing the Lien remains on his. So I have gotten lucky there. Others I just have to pay. The debts are not mine so I am just trying to find the best outcome for the situation. Thanks everyone.

You may have recourse against your ex, depending on the terms of your divorce.

 

[Ohiogal]

Yes, I am aware the liens work and they have to be paid. I have been writing letters and some of them have granted me a discharge for my property knowing the Lien remains on his. So I have gotten lucky there. Others I just have to pay. The debts are not mine so I am just trying to find the best outcome for the situation. Thanks everyone.

So how does your divorce decree read in regards to the property? Is there anything about indemnifying you and holding you harmless?

 

[single317dad]

Yes, I am aware the liens work and they have to be paid. I have been writing letters and some of them have granted me a discharge for my property knowing the Lien remains on his. So I have gotten lucky there. Others I just have to pay. The debts are not mine so I am just trying to find the best outcome for the situation. Thanks everyone.

You explained to a lender and judgment holder that a source of income had materialized and they released you from your obligation? Lucky, indeed.

 

[latigo]

Not usually. You can have the error fixed, but unless there's a legal mistake (not a clerical error), the judgment won't be vacated.

The better question would be how the lien survived the property transfer, if that's indeed what happened. (?)

The better question might be why someone would be offering "legal advice" regarding a judgment lien against real property that doesn't understand why it doesn't disappear upon a transfer of ownership in the property.

 

[Zigner]

The better question might be why someone would be offering "legal advice" regarding a judgment lien against real property that doesn't understand why it doesn't disappear upon a transfer of ownership in the property.

I believe you misunderstood the implication. How can a title be transferred & recorded properly without the lien being satisfied first? I do believe that's what Singledad was getting at...

 

[single317dad]

The better question might be why someone would be offering "legal advice" regarding a judgment lien against real property that doesn't understand why it doesn't disappear upon a transfer of ownership in the property.

I understand why the lien doesn't "disappear"; what I was referring to is why it wasn't dealt with properly. My question was somewhat facetious, as I don't believe the property ever legally changed any hands, but that would have been presumptuous to state openly.