ROLAND99 Posted May 29, 2005 Report Share Posted May 29, 2005 Florida judgment lien is mine, we are divorced, AND we filed a Designation of Homestead two years before any judgement appreared...Chronological order of events:In 2001 my then wife and I filed a designation of homestead. In 2003 a judgment lien was filed against me only. All bad debts were mine, house was paid religiously. Mortgages were in her name, I was on deed.We subsequently divorced, and I signed a quit claim deed to the property in July 2004.July 2004 the ex refinanced the second mortgage under these circumstances, and eventualy closed on the loan after a battle with the lender.July 15 2004...I then filed CH 13 and I am awaiting the approval of the court to proceed with my CH 13. All of the judgment creditors have been listed and notified.Meanwhile, the ex is trying to refinance the (first) mortgage, but they are saying she cannot because of MY several default judgments and one judgment lien.Question: Are judgment liens allowed if the designation of homestead was filed long before any judgement? The primary problem stems from the judgment lien filed with the state, certified in 2003.We are now divorced, and I have executed a quit claim deed, releasing my interest in the property, shorlty after our divorce.Should a knowledgable title company see these items and conclude that the liens are not enforcable, and that I am not even party to the property?Information I have found:http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0222/SEC01.HTM&Title=->2004->Ch0222->Section%2001#0222.01http://www.oldrepublictitle.com/ga/AgencyNews/UnderwritingBulletins/2000/bulletin00-3.htmhttp://www.lawshaw.com/Law-bkex-222-01.php"In settling an estate and a dissolution of marriage a quit claim deed is customarily used and in those two incidents is acceptable." Stewart Title, Texas. RE: Florida Quit Claim Deeds.>>>>>>I have an appointment with a title company on Tuesday, but I was hoping for any additional ammunition from other members or legal council that I can use to convince them to issue a new title policy for the ex. Everything else is ready to go. To me it seems like an interpretation issue. My BK attorney agrees with me, but is not a title lawyer.Any help is appreciated. Link to comment Share on other sites More sharing options...
REexpert Posted May 30, 2005 Report Share Posted May 30, 2005 The Homestead filing simply means that a judgement lien-holder cannot force you to sell your property to recover the debt owed (only in FL and TX). That is, the lien still exists as you Quit Claimed the property subsequent to the judgement lien being filed. If the QC was filed prior to the judgement being entered, its a moot point and title is clear. Your ex has a problem. She will not be able to refi or sell the property until the judgement is satisfied somehow. One way to clear the judgement forever is to file a Bankruptcy Chapter 7. You already filed 13. All that does is reaffirm all your debt, consolidates it into to one "loan," with one payment to the BK Trustee. Your credit is just as screwed up if you just have it converted to a 7, thereby wiping out all debt. If you do file a 7, be certain that all judgments against you are recorded as satisfied, then your ex will have clear title.Of course, an Attorneys advice is most prudent. Link to comment Share on other sites More sharing options...
ROLAND99 Posted May 31, 2005 Author Report Share Posted May 31, 2005 Now I like what I am hearing...on or before 10/16/05..so you are saying I need to prepare for 7... I have a S-corp and it is floundering as well...but it is my living. I think I know what to do next,..its the only reason I filed the 13 anyway...and its a boat anchor at this point.....anyone with input with respect to ending a 10 year S-corp please chime in...Thanks for the help...clarity moreover.Roland Link to comment Share on other sites More sharing options...
admin Posted May 31, 2005 Report Share Posted May 31, 2005 It is so dangerous to do a Quit Claim on a property when you are on the hook for the mortgage. You then don't own the property, but are liable for the mortgage. Remember, divorce decrees don't mean anything as far as shifting debts from one spouse to another. I assume the property was foreclosed?Forget about what's going on with your ex - whatever happens with her from this time forward is irrelevant to you. Let's concentrate on you. The judgment is enforceable against you. Any mortgage company will make you pay it off (A-paper, and most B-C paper will) if you get a new mortgage. If you had a really high down payment 30%-50%, they might let you slide.I'd attack the judgment and see if you can get it overturned. Were you served properly? Did they file the appropriate paperwork? Link to comment Share on other sites More sharing options...
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