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DIVORCE, QCD, and Lien in Pennsylvania

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amh

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Long story short...
I was married and my former wife was taken to court by a fellow student at the local community college. The case was seen by a Magistrate and was found in favor for the Plaintiff for the amount of $0.00. He didn't like the judgment and filed an appeal. The same day he filed the appeal he placed a lien on (at the time) our property for $159.50. The appeal went to an arbitration panel and they awarded the person $142.00. I mailed a postal money order and within 2 weeks of judgment the money order was cashed and all forgotten...
Fast forward two years and I am now trying to refinance and file a Quick Claim Deed (QCD). During the title search the company found the lien and is requiring me (rightly so) to prove the lien was satisfied. Aside from the surprise of finding out there was a lien, I have sent a letter to the person requesting that a satisfaction of judgment be filed and I can move forward with the refi and QCD. There were extenuating circumstances (alleged harassment) against my former wife, but on the advice of her legal council at the time nothing was pursued...
Legal council says that the person must comply with the request and if not there is a cause for further legal action on my part. My questions are state specific...
1) How was he able to file a lien without notification to either myself, or my former spouse?
2) There was no judgment at the time the lien was filed, in fact I have a copy of the Magistrate's decision dated 7 days before the lien was filed awarding him the amount of $0.00, so how was he able to file a lien?
3) If he doesn't comply with the request could this be considered harassment?
4) I stand to lose $250.00 per month if my locked in rate is lost...would he be responsible for this if it was found that he was negligent in his civic responsibility?

Thanks!!!
 


OHRoadwarrior

Senior Member
You should have handled this when it occurred. The delay now is your fault. Why have you not taken proof of payment to the court to have the judgement recorded as paid?


http://www.pacode.com/secure/data/246/chapter300/s341.html

http://www.pacourts.us/assets/files/setting-913/file-69.pdf?cb=9f8d74
 

amh

Junior Member
...

The case ran parallel with the divorce and judgment was paid during the divorce proceedings after my former spouse moved. All relevant information was forwarded by my former spouse to her lawyer, who was not her divorce lawyer. Since there was no record of a lien then why would someone who is unfamiliar with the law have any reason to go to the court and record a satisfaction of judgment when the lawyer informed her that she had complied with her court ordered payment and all was taken care of? How can you file a lien without a judgment (the appeal wasn't decided until 7 months after the lien was filed and had been moved to civil court, at the time of filing the lien he was awarded $0.00 by the Magistrate), or informing the debtors? If that is the case then can I file a lien for the same amount against this person? The divorce is a year "old" and we were informed that the QCD was accomplished as a requirement for my former spouses purchase of her home. She wasn't on the mortgage, just on the title of "our" home...
 
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OHRoadwarrior

Senior Member
A lien was filed. You need to find out the relevant information regarding it and file a report of satisfaction to be entered. I was not there. I have no idea what happened. If you had investigated it then, you would know. You elected not to do so. Now you need to start from scratch.
 

amh

Junior Member
New twists....

The "creditor" signed and had notarized a release of lien form...He acknowledged the receipt of payment and satisfaction. It was presented to recorder of deeds and entered under the docket number of the case ten days ago. Now I receive an email from the "creditor" saying he received notice from the county that he needs to provide proof he was paid....
Is his word not enough to prove he was paid?
Did he file the proper form or is there something else that must be done?
I have contacted my prior wife and she is looking for the money order receipt, but no luck so far...
Any thoughts on where to go now?
 

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