Selling A House After A Divorce (Vendors Lien From Wife)

[LFD2037]

My FIL got a divorce (finished mediation, just have to file w/the court).
His ex, as part of her owelty, now has a 'vendors lien' on his house. He's wanting to sell his house. The house is in his name only, she's never been on the deed/title.
A couple questions:
1) does he have to wait for the divorce to be filed w/the courts, & all that paperwork to be processed, before he can sell his house
2) at closing, does the title company keep the money owed on the ex's 'vendor lien' or does the title company pay him all of it & he pays the ex
3) will this 'vendors lien' add any difficulties to the selling or closing process

Thanks for any help!

[JayB]

Most likely he can't sell until divorce is final UNLESS the court/all parties agree to the sell. Once the lien is filed in county records, the title company would pay each party per the lien.
It does not really create a large issue, but she may be required to appear at closing to sign some papers.

.....and God Bless America.

[Grayson]

1. Yes (unless agreed)
2. Title company will pay off the lien
3. Not at all as long as he sells it for more than he owes (plus realtor commissions, closing costs, etc.)

[LFD2037]

These were the answers I was expecting. The owelty lien is small & he owns the house outright so the funds won't be a situation. His divorce gets filed on Feb. 13th & he got an offer on his house that says closing would be Feb. 15th. I'm assuming that won't be enough time. Trying to get an idea on when we'd be safe to set the date for closing.
Any clue on how long it'll take the divorce paperwork to go thru the system?

[The Crippler]

These were the answers I was expecting. The owelty lien is small & he owns the house outright so the funds won't be a situation. His divorce gets filed on Feb. 13th & he got an offer on his house that says closing would be Feb. 15th. I'm assuming that won't be enough time. Trying to get an idea on when we'd be safe to set the date for closing.
Any clue on how long it'll take the divorce paperwork to go thru the system?

Just have your FIL's attorney call up ex-wife's attorney and explain the situation, if ex-wife's attorney is any good and has his client's best interest in mind, he'd likely propose an agreement to get the transaction closed so his client can 1) get paid and 2) take care of another potential headache post-decree.

[LFD2037]

Just have your FIL's attorney call up ex-wife's attorney and explain the situation, if ex-wife's attorney is any good and has his client's best interest in mind, he'd likely propose an agreement to get the transaction closed so his client can 1) get paid and 2) take care of another potential headache post-decree.

That's what I'm thinking & for the same reasons. Thanks!

[Grayson]

Just have your FIL's attorney call up ex-wife's attorney and explain the situation, if ex-wife's attorney is any good and has his client's best interest in mind, he'd likely propose an agreement to get the transaction closed so his client can 1) get paid and 2) take care of another potential headache post-decree.

And she probably owes him some $ too.

[Lawhunter]

Just have your FIL's attorney call up ex-wife's attorney and explain the situation, if ex-wife's attorney is any good and has his client's best interest in mind, he'd likely propose an agreement to get the transaction closed so his client can 1) get paid and 2) take care of another potential headache post-decree.

This would be the easiest thing to do.