Sunday, September 11, 2011

A false lien can bring trouble

Question: In our divorce, I was awarded the family home in Glendale. My ex-wife had the right to live in the home until the home was sold.

I found a buyer for the home, and last week the sale of the home was scheduled to close. Just before closing, my ex-wife recorded a document saying that she was owed $50,000 from the sale of the home. The title company refused to close the sale of the home.

The buyer was upset and decided to buy a different home. Although my ex-wife has now apologized to me, I am concerned that if I find another buyer for the home she will again record some "bogus" claim against the home. Is there anything that I can do to prevent that?

Answer: If a lien is wrongfully recorded against a home or other real property there are sanctions, namely, $5,000 or treble actual damages, whichever is greater, plus attorneys fees and court costs.

If these monetary sanctions do not deter your wife from recording a wrongful lien, a court can order your wife not to record any wrongful liens against the home.

If your wife violates this court order, she could be held in contempt of court with serious penalties, including jail time.

by Christopher Combs The Arizona Republic Sept. 7, 2011 12:00 AM

A false lien can bring trouble

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