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My boyfriend has a divorce lien on his house from 2005. He…

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My boyfriend has a...

My boyfriend has a divorce lien on his house from 2005. He refinance his home and paid his ex in 2005 but her attorney never satisfied the lien with the courts. The lien was never refilled and it is past 10 yrs. The ex wife attorney says she is retired and won't help and his ex went back to Canada and he does not know how to locate her. In the mean time he is trying to sell the house. Of course the bank that refinance the home Country Wide was sold. He has gone down to the court house and no one seems to know what to do

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

What do you mean? The lien was filed 01/05/2005, no judgment was done. What I found it that the lien in California is good for 10 yrs unless refilled. So why is it hard to get it off

Submitted: 11 months ago.Category: Family Law
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9/21/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,875
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Family Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

It is not hard to get off.

If he has proof he satisfied the lien AND it is more than 10 years and she never filed a satisfaction of lien within 30 days of payment as required by law, he needs to file a petition to remove lien and he needs to serve her a copy of the petition and in the petition he needs to show he not only paid and she failed to file the satisfaction of lien, but even if he did not pay the lien should be moved for failure to enforce the lien.

He needs to ask for DAMAGES in the amount of all costs and attorney's fees he is spending to remove the lien AND if he suffers any other directly related damages he could recover those from her as well. Even if she is in Canada he could enforce the judgment against her and make her pay if the CA court rules in his favor and he would do that by taking the CA judgment to Canada and filing it in the Canadian courts under their foreign judgment treaty with the US and they will recognize and enforce the judgment and make her pay in Canada.

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