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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3987
Experience:  30 years of experience
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My mother divorced 10 years ago. She was awarded the four unit

Customer Question

My mother divorced 10 years ago. She was awarded the four unit building in lieu of alimony. My step father supposed to have paid the building off in 2011. Instead of paying off the building, he allowed the building to go into foreclosure.
My mother has been making payments on the property. There is now a $29,000 tax lien belonging to my step father on the building. The building was put into my mother's name in 2009. The lien came three years ago.
What can we do? My step father has ignored all of the demands of the building and my mother has received none on the financial awards set up by the court.
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

She is going to have to sue her ex-husband to recover the costs that she has incurred by failing to pay the mortgage and failing to pay the taxes. In the meantime she needs to pay the tax lein so that she does not lose the property altogether. This is because the suit against her ex-husband will take time to get through the Court system.

She needs to consult her family attorney as soon as possible so that an action for contempt of the original order and a motion to compel the payment and for sanctions can be filed against him.

Without bringing a Court action there is no other way to force her ex to comply with his obligations.

I understand that your mother has already seen two attorneys. They may be seeing obstacles to suing her ex that you and I are not aware of. It may very well be that as a practical matter there is no point in suing her ex at this point. I can't speculate as to that. But the fact that there is a tax lien means that she is at risk of losing the property.

I am sorry that I do not have a better solution for you. Unfortunately unless she can bring him into court there is little esle that can be done.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,