Expert: Dick Dennis - 5/27/2008

Question
I have an abstract judgement for child support filed against some property that my ex owns. He is currently in default of child support and I just learned that he recently quickclaim the property to his parents. They are not aware of the abstract and from what I found out he is keeping the mortgage in his name in order to not trigger the abstract through title. I believe he is doing this because he is facing some pending litigation and wants to remove the asset. How is something like an abstract (which seems to be a lien against the individual vs. property) handled in a situation like this? If he parents either take over the loan or refinance - would it not be triggered? Who would be responsible for satisfaction?

Answer
You definitely need to see your attorney, Mary. First of all, your attorney can reverse that quit-claim deed because it was obviously done to avoid his obligation to you. Second, he is still responsible for that loan, it don't matter who has title to the property. Technically, the lender can file foreclosure on the property because he has "alienated" the title. But in this kind of market, they are most likely are not going to foreclose on him unless he fails to maintain the payments. Since you have a judgement against the property, and he is in default of that judgement by not making the payments for which he was obligated, you may be able to foreclose on the house. DEFINITELY CHECK WITH YOUR ATTORNEY or a real estate attorney. I do wish you well.

Dick Dennis