>>My question:
>>
>>All enforcement is being done by the county. It is my
>>understanding that filing a lien is an enforcement action.
>>Can my ex legally file a lien naming herself as the grantee?
>
>If your ex is named in a prior deed as a grantee, then she can
>lawfully grant a lien to herself. However, I don't know what
>benefit this would achieve, since she alreadys is on title.
>
>Maybe I'm not understanding your facts.
oops, sorry, I'll clarify. Here are the facts:
My ex wife and I were divorced over 10 years ago. I live in California. She lives out of state.
Our local child support agency is doing enforcement.
Earlier this year a judge ruled that a prior child support modification was below guideline and ruled that as a result I will owe arrearages dating back five years.
After that occured my ex wife filed an Abstract of Judgment in the county where I live, the effect of which places a lien against my house.
It is an abstract of judgment showing a child support order has been entered in this case and is not for any sum certain.
This house is my sole property that I purchased several years after our divorce. She is not now nor has she ever been on the title.
A couple of months after she filed the lien with the county the court made a judicial determination of arrearages.
The county child support agency also has an abstract of judgment filed. In that abstract I am listed as the grantor and the county support agency is listed as the grantee.
She filed this one on her own. I am listed as the grantor and she is listed as the grantee.
Effectively there are now 2 abstracts on file for the same judgment.
Therefore, once I finish paying arrearages and am through with my child support obligation in 1 year I will be stuck with 2 liens to clear.
I'm not worried about the child support agency clearing it but our relationship is extremely acrimonious and she'd never voluntarily release it.
My question is this:
Since she turned this case over to our local child support agency many years ago for enforcement, and since it is my understanding that filing a lien with the county is an enforcement action, was she within her legal rights to file a second abstract of judgment on this action?
>>
>>All enforcement is being done by the county. It is my
>>understanding that filing a lien is an enforcement action.
>>Can my ex legally file a lien naming herself as the grantee?
>
>If your ex is named in a prior deed as a grantee, then she can
>lawfully grant a lien to herself. However, I don't know what
>benefit this would achieve, since she alreadys is on title.
>
>Maybe I'm not understanding your facts.
oops, sorry, I'll clarify. Here are the facts:
My ex wife and I were divorced over 10 years ago. I live in California. She lives out of state.
Our local child support agency is doing enforcement.
Earlier this year a judge ruled that a prior child support modification was below guideline and ruled that as a result I will owe arrearages dating back five years.
After that occured my ex wife filed an Abstract of Judgment in the county where I live, the effect of which places a lien against my house.
It is an abstract of judgment showing a child support order has been entered in this case and is not for any sum certain.
This house is my sole property that I purchased several years after our divorce. She is not now nor has she ever been on the title.
A couple of months after she filed the lien with the county the court made a judicial determination of arrearages.
The county child support agency also has an abstract of judgment filed. In that abstract I am listed as the grantor and the county support agency is listed as the grantee.
She filed this one on her own. I am listed as the grantor and she is listed as the grantee.
Effectively there are now 2 abstracts on file for the same judgment.
Therefore, once I finish paying arrearages and am through with my child support obligation in 1 year I will be stuck with 2 liens to clear.
I'm not worried about the child support agency clearing it but our relationship is extremely acrimonious and she'd never voluntarily release it.
My question is this:
Since she turned this case over to our local child support agency many years ago for enforcement, and since it is my understanding that filing a lien with the county is an enforcement action, was she within her legal rights to file a second abstract of judgment on this action?