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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33738
Experience:  15 years real estate, Realtor. Landlord 26 years
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I paid off the mortgage on my ex-wife's house with an agreement

Customer Question

I paid off the mortgage on my ex-wife's house with an agreement to pay back the loan over several years. She recently passed away leaving a large amount owed to me. How can I file a lien on the property to prevent her new husband from selling the property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..If there was no signed Note from her over to you for the debt, you will have to file suit against her estate for the debt and get a judgment against it if the executor won't voluntarily repay you. As part of the case, you can file a "lis pendens" against the house, which is a notice of pending legal action, and that will create a cloud on the title that will scare away any potential buyers until the case is resolved..You would need to act quickly to get suit and lis pendens filed because there is nothing that would prevent him from trying to sell the house as he settles her estate..Let me know if you have any further questions...thanksBarrister

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