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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3675
Experience:  Experienced real estate lawyer and real estate broker.
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I am currently at the end of a 10 yr litigation w my

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Hi. I am currently at the end of a 10 yr litigation w my ex-husband. I have a very large debt plus will have some attorney's fees once the dust clears. I am the only one on my mortgage/title for my home which is currently my only asset. Once my ex pays I should be debt free but do not know the amount incurred from my attorney/court that will be owed. I am concerned he may place a lien on my property and after 10 years of litigation, I do not want to lose the only asset that my children would inherit. How can I secure this asset for my children without them having to deal with a potential lien?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

Your attorney can't place a lien on your house unless he sues you, has a trial and wins a judgment in the court. Only after the court trial that he wins can he get a judgment and then he can file a judgment lien on your house if the judgment is not paid. It is very unlikely that he will sue you for fees, because it is very bad form for an attorney to sue his client, and when he does, he usually ends up with a bar complaint against him, which you could do if he sues you, and then he could lose his license to practice law. So, it's unlikely that he will sue you.

Instead, I recommend that you try to work out a settlemetn with him. Specifically, you should ask for a reduction in the amount that you owe him, and then a payment plan stretched out over tme that you think you can meet, i.e., maybe a ten year payoff. The other option is you can tell him that if you file bankruptcy, you will get to keep your house, but he will collect nothing on his fees, So a workout with you is better than nothing at all.

You are really not in such a bad position.

Please rate the answer 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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