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have a second lien on landlord, he sold home now what?

Posted on: 22nd Jun, 2009 11:43 am
I have a judgment and lien against my old landlord. He recently sold his rental property. How and with whom do I check with to make sure the lien is paid off?

Last month I got a notice that the home was going to be auctioned off to repay the first mortgage but apparently it never went to auction. The landlord was working with his mortgage company.

I see that his home is not listed anymore but I have no way of knowing if it sold or was foreclosed. I do not know how to check on the money he owes me??? :?
you need to check with your local registrar of deeds (city, county, etc.) and see if there was a sale. if you had an attorney involved in your seeking of and receipt of the judgment and subsequent lien, you'd be well-advised to confer with that person.
Posted on: 22nd Jun, 2009 01:11 pm
I don't have an attorney. Do I need one at this point? I really can't afford an attorney! The landlord is wealthy and has a lawyer. Even though I went up against his lawyer in court, and won, I'm afraid that they are waiting for me to screw up somewhere and turn around and sue me.
Posted on: 22nd Jun, 2009 02:30 pm
suing you makes no sense. if you need the funds from that judgment, then you need a lawyer. contact the legal aid society where you live, and you should be able to get free advice (at least). contact the court where you got the judgment and see what can be done. you can't just sit there and post questions on the internet. you need to get involved so you don't lose your money.
Posted on: 22nd Jun, 2009 02:38 pm
I am not just sitting here. I called the small claims court and they told me that they do not advise on collecting judgments. The constable that was handling the writ of execution was unable to collect either. His only advice was to list the rent house on the county auction block to satisfy the judgment (which I know now would have caused me huge problems). I've called everyone I could think of. If I knew what to do I would not have asked the questions! Thanks for the advice but not for the snarky presumptions.
Posted on: 25th Jun, 2009 12:45 pm
"snarky presumptions" - if that's how you see it, so be it. as for not being able to afford a lawyer, in my view (and i'm not alone, i'm sure), it would be money well spent in order to protect your rights and the judgment you obtained. if you have a valid lien on that property and you weren't paid, you have every right to contest the sale of the property and i'd have to think that any legal fees you expended would be covered. that's actually pretty standard practice.
Posted on: 26th Jun, 2009 07:35 am
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