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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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I live in California and I was divorced 2 months ago. today,

Resolved Question:

I live in California and I was divorced 2 months ago. today, I received an abstract of support fl 480 form from the county clerk stating that there maybe a lien on my condo from my ex wife. I am in the process of buying another property.
My question is that if I am updated with all my child support and alimony, and do not owe her money, can my ex wife still exercise the liens and prevent me to sell my properties in court when I decide to do so?
Submitted: 9 months ago.
Category: Legal
Expert:  Chris T., JD replied 9 months ago.

Chris T., JD :

Good evening. I'll be assisting you with your question.

Chris T., JD :

If you are current on the financial obligation to your wife (the lienholder), she cannot keep the lien active.

Customer:

that means I can sell my properties as I wish

Chris T., JD :

She should file a release of lien and remove it. If she doesn't (or won't) you will have to take her to court and force her to remove it.

Customer:

will the court require me to deposit some of the sales money for future child support and alimony if I am current.

Chris T., JD :

You can sell them, but you may scare off a buyer if there is a lien. You will probably need to have her remove the lien before someone will purchase it.

Chris T., JD :

I've never seen a judge place that requirement.

Customer:

she has a nasty lawyer. how can I ask for them to remove the lien before sale?

Chris T., JD :

There isn't a specific way to ask. But, you should point out to them that if they don't, you will have to file suit and get a judge to force them to remove the lien.

Customer:

So in your judgment, if I am current with all payments, I should not be concerned with this document? and do my transaction with relaxed mind knowing that I am paid up with her? Yes or no

Chris T., JD :

If you are paid up, you are legally entitled to have the lien removed.

Customer:

last question?

Customer:

how long does it take to remove the lien?

Chris T., JD :

Yes, you can be relaxed since you don't actually owe her anything.

Customer:

how long does it usually take to remove the lien?

Chris T., JD :

If she will file the release, it can be done in a day. If she won't, it could take several weeks.

Customer:

Thank you so much.

Chris T., JD :

Glad I could help.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer before you go. Good luck.

Chris T., JD :

Can I do anything else for you?

Customer:

will do thanks

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3621
Experience: Experienced in both state and federal court.
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