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I have a 10,000.00 lien on my ex husbands property, which is in foreclosure.

Safety Harbor, FL |

If the bank forecloses, does my lien get wiped out? It was agreed in the divorce agreement that I would get a lien on the property for 10,000.00. Now he is selling the property for a 6,600.00 profit and refuses to give all the profit to me towards the lien. My question is, if the bank forecloses on the property, does my lien (which I filed at the courthouse) get wiped out?

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Attorney answers 1


If the bank forecloses and there is no money left over after the highest bidder obtains the property at a foreclosure auction, your lien will most likely be wiped out. This does not necessarily preclude you from taking him back to court and asking for your money through enforcement of your divorce judgment. Of course if the property sells prior to foreclosure, the title company will not close unless and until your lien is satisfied, so this will give you substantial negotiation power in a sale scenario. You would be well served to seek legal counsel immediately to preserve your rights.

This answer is based upon limited information provided by you, and is therefore generic legal advice and does not create an attorney-client relationship. You are advised to seek legal counsel for your particular situation.

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