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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have a marital home that is in the process of being sold

Resolved Question:

I have a marital home that is in the process of being sold and we are at a stage where the buyers have signed and now it is our turn to sign but l cannot sign as l found out that my ex wife's lawyer put a lien on the house and my ex wife wants all the proceeds after the bank is paid should pay her lawyer fees. I am not agreeing to pay her dues to her lawyer. So my question is what can l do? and if everything fails will the buyer who signed the binder sue us?
Thanks much.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
DearCustomer- I cannot predict whether someone will sue you as that depends on what they choose to do. They may just walk away from the situation since it can be expensive to try to force you to sell or to try to recover some amount of value they may have lost in the purchase of the home. All I can say is that it is possible that you could be sued for specific performance.

From a practical standpoint, you may never be able to sell unless this lien situation is resolved. I don't know the details of what happened with the lawyer and that is a different issue but the lien will remain on the property until it is either paid or resolved in some other manner.

There is nothing you can do at this point unless you can resolve the lien with the person who filed it.

Dave Kennett
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