I have a judgement (lien) against my ex-husbands house. Divorce Decree states he owes me a specified amount within 5 years from the date of the recording of the decree. I signed a marital rights waiver and my attorney placed a lien on the property putting me in 2nd position (lender retains first position). My ex went to refi and was told I would have to sign a subordination agreement or he satifies the lien or I remove the lien. I agreed to not subordinate or remove and he refusted to satisfy. The title company forwarded it on to an attorney and then proceeded to refinance it anyway and now I have first lien position on the new mortgage. I do not understand how they were able to do this! That judgement/lien was there to protect me. The title co said the lawyer(s) decided to proceed as the decree states he has (within 5 years of decree filing date) to pay me and that was a ways off. It seems to me they made an illegal move and I could take action against the underwriter of the title company and force them to pay the amount owed because they insured title and closed an "unclear" title. I don’t want to spend money on an attorney only to find out I am off base with my interpretation. Additionally, I am wondering IF they (title underwriter) did have to "settle/satisfy" the lien…..would that mean my ex wouldn’t owe anything at all because the underwriter made a mistake and Im going after them for payment? Or, would they satisfy and put a judgement against him in my place to recover the amount owed? Do I have a case here?
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