Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. It is likely that what happened was that somewhere along the line, either party listed the 'home' as an asset in the child support paperwork, and the Child Support Enforcement took their word for it and applied a lien to property even though his name is not really
on the deed (they never bothered to check).
Your attorney should indeed get this cleared up fairly fast by contacting the Child Support Enforcement and explaining the situation, at which time they should
take the lien off, or else face a civil tort for tortious interference with a contract or business relationship
. The elements of tortious interference with a contract or business relationship are: (1) the existence of a business relationship, not necessarily evidenced by an enforceable contract, under which the plaintiff has legal rights; (2) the defendant's knowledge of the relationship; (3) an intentional and unjustified interference with the relationship by the defendant; and (4) damage to the plaintiff as a result of the interference. Salit v. Ruden, McClosky, Smith, Schuster, 742 So. 2d 381 - Fla: Dist. Court of Appeals, 4th Dist. 1999
Of course this is the last resort
. The attorney should be friendly at first. A "stick and carrot" approach is used in these situations.but what type of assurances should I be looking for?
A letter from Child Support Enforcement confirming that they will, have, or intent to take the lien off is necessary here. If this is not provided, and/or if the lien is still on the title, the closing may be delayed a few days until this is done as the buyer may balk until it is.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating