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Real Estate Sale Money Distribution

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relics

Junior Member
What is the name of your state (only U.S. law)? Ky

I have an individual that owes money to me from an unpaid debt. This individual claims that he is sending me a letter confirming that his debt will be paid upon sale of his home. He claims that when his house sells, the funds from the house sale will go directly to his real estate agent's lawyer, who will then distribute the funds to pay off his debts (including to me) before the seller is paid any money. I have not been in this situation before, but is this a common practice and will the real estate agent's lawyer in fact be able to distribute the money in this way? If so, what do I need to do to guarantee that this happens?

Thank you.
 


relics

Junior Member
Unfortunately no. All I have is a letter from him stating that his debt to me would be paid in full from the sale of his house. He is in Canada so I don't know if that makes a difference. I know nothing about law and legal issues so I'm not certain how I would go about filing a lein on his property since he is in Canada. Also, I was hoping that it is true that his real estate agent's lawyer could divide out the funds without having to file a lein but I'm not certain. ANy suggestions on where I need to go from here?
 

Zigner

Senior Member, Non-Attorney
Unfortunately no. All I have is a letter from him stating that his debt to me would be paid in full from the sale of his house. He is in Canada so I don't know if that makes a difference. I know nothing about law and legal issues so I'm not certain how I would go about filing a lein on his property since he is in Canada. Also, I was hoping that it is true that his real estate agent's lawyer could divide out the funds without having to file a lein but I'm not certain. ANy suggestions on where I need to go from here?
This forum is for US Law Only.

In the US, I'd have to say it sounds like you have a piece of paper with no value what-so-ever.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Ky

I have an individual that owes money to me from an unpaid debt. This individual claims that he is sending me a letter confirming that his debt will be paid upon sale of his home. He claims that when his house sells, the funds from the house sale will go directly to his real estate agent's lawyer, who will then distribute the funds to pay off his debts (including to me) before the seller is paid any money. I have not been in this situation before, but is this a common practice and will the real estate agent's lawyer in fact be able to distribute the money in this way? If so, what do I need to do to guarantee that this happens?

Thank you.
**A: not this is not common practice. What you need is a judgement lien on the property.
 

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