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Writ of execution

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LMSmith2600

Junior Member
What is the name of your state (only U.S. law)? Alabama. We just bought a house in Al. On March 11. June 2 we received a writ of execution from us marshal for previous owner who is in a lawsuit being sued in Fla. the writ was signed by judge on March 10 here in al. They are saying they are seizing our new house to satisfy the debt he owes. Is this possible? Are we ok? Our closing was 1 day after the writ was signed by judge.
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Alabama. We just bought a house in Al. On March 11. June 2 we received a writ of execution from us marshal for previous owner who is in a lawsuit being sued in Fla. the writ was signed by judge on March 10 here in al. They are saying they are seizing our new house to satisfy the debt he owes. Is this possible? Are we ok? Our closing was 1 day after the writ was signed by judge.
I'll tell you what is "possible". Which is that you purchased a home with a pre existing judgment lien or writ of attachment. If so and it preceded your date of purchase - irrespective of the date the writ was issued, you are not OK! You need to be consulting with your attorney.

Another possibility is that in the course of closing on the purchase of the house you weren't issued a policy of title insurance insuring marketable title in your names as buyers.

Anyway, you are not about to sort this out via your laptop. Get to your lawyer's office muy pronto (like yesterday) and hope that you won't be kissing your purchase money bye-bye.
.
 

LMSmith2600

Junior Member
We do have title ins. Just came home this evening to find paperwork where Marshal had came by. Have a call in to him, hopefully will hear back from him tomorrow. Was hoping to get a little more professional advice on here, haven't ever reached out on something like this before. Wasn't planning on this being in place of an attorney.
 

LMSmith2600

Junior Member
We do have title ins. Just came home this evening to find paperwork where Marshal had came by. Have a call in to him, hopefully will hear back from him tomorrow. Was hoping to get a little more professional advice on here, haven't ever reached out on something like this before. Wasn't planning on this being in place of an attorney.
 

quincy

Senior Member
We do have title ins. Just came home this evening to find paperwork where Marshal had came by. Have a call in to him, hopefully will hear back from him tomorrow. Was hoping to get a little more professional advice on here, haven't ever reached out on something like this before. Wasn't planning on this being in place of an attorney.
Some legal issues we can help with on this forum. Other legal issues require personal attention from an attorney licensed to practice in a poster's own jurisdiction. Your particular legal issue is one that requires personal attention from an attorney licensed to practice in your jurisdiction.

It would be unprofessional for any of us to advise you otherwise.

Sorry.

Good luck.
 

tranquility

Senior Member
We do have title ins. Just came home this evening to find paperwork where Marshal had came by. Have a call in to him, hopefully will hear back from him tomorrow. Was hoping to get a little more professional advice on here, haven't ever reached out on something like this before. Wasn't planning on this being in place of an attorney.
Are you sure YOU have title insurance? The two main types of policies is a lender's policy and an owner's policy. Your lender will demand a policy for them. You have/had to make sure you were covered too.

If you have title insurance, the policy should provide a defense to your title.
 

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