Several steps required to place a lien on home
Q. I sued someone who I loaned money to and got a judgment from the court for $8,500. The guy I sued owns a house. Is there a way to put the judgment against his house?
A. Yes, though you have a little work to do. One, you need to obtain a Memorandum of Judgment from the judge that issued the judgment order. This is a form that is generally available in the courtroom or courthouse where you obtained your judgment. The form needs to be completed and signed by the judge.
Next, you need to obtain the legal description and property index number of the property you wish to lien. Start with a visit to the recorders office in the county where the property is located. You may require the services of a title company, attorney or someone familiar with real estate searches depending on the county where the property is located and your knowledge of real estate. Also, make sure the property is titled in the name of the party you obtained the judgment against.
Attach the legal description and property index number to your Memorandum of Judgment and record the Memorandum in the county where the property is located. You now have a judgment lien against the property. The property owner will generally be unable to sell or refinance the property without resolving the judgment with you.
Q. My husband has been threatening to divorce me for quite some time now. That would not be so bad except he keeps threatening to take a mortgage out on our paid off home and disappear, leaving me with the bill. Can he do this? We bought this home together 28 years ago and I am sure I was on the deed when we bought the house.
A. I would first determine that you are still in title. It is certainly not unheard of for parties to execute deeds removing other parties from title.
If you are in Cook County, you could investigate all the transactions on your property through the Cook County Recorder's Web site. All you will need is your property index number. You could also visit the recorder's office of the county you are located in and investigate all the transactions involving your property.
Presuming you and your husband are currently in title, he could not obtain a mortgage on the property without your signature on the mortgage documents and note. Of course, it is also not unheard of for signatures to be forged.
If you are truly concerned about what your husband may do, I would periodically check your title and make sure no unauthorized transactions are recorded.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, e-mail tdr100@hotmail.com or call (847) 359-8983.