Question about Judgement Lien

[EbayBob]

What is the name of your state? Indiana

I recently won a small claims case against my neighbor for $2,500.00. According to Indiana Code, this constitutes a lien on his real property.....IC 34-55-9-2

I checked the Recorders Office and didnt find a lien recorded which concerned me, so checked with the Clerks office and they said that in Indiana when a Title Search is performed that it includes searching the Court Index where the judgement is recorded and would be picked up. I checked into this because my neighbor has made no effort to pay since the judgement(2 months ago), and I got word that CVS was looking to buy property to build a new store that includes their home. I researched this more and found this to be true, and there are a total of 4 homes that already got offers. The one next to my neighbor was offered 200k for a home valued at 80k, so my guess is theirs will fall along that line as well....theres is valued at 90k.

This is still in the making, but I want to insure I get my money if this goes through, and it concerns me that the Judgement isnt recorded at the Recorders Office. So my question is just wondering how all the legal aspects of this would work if for some reason the lien isnt discovered thru the normal process and the house is sold, and demolished. Are there ramifications to CVS or the Title Company should this be missed and the house destroyed?

Bob

 

[seniorjudge]

Get a certified copy of the judgment in your lawsuit from the court clerk.

Record it in the land deed records of the county where the land is located.

 

[EbayBob]

seniorjudge....I actually asked the Clerk about doing that, and she told me that would be an unnecessary expense, and trying to do that now might be too late if the Title Search has already been done. I did emailed CVS as another means of letting them know the judgement lien exists, so unless that gets totally ignored, hopefully things will work out.

But if one day I start seeing their house being demolished and I havn't received my money, do I have any grounds against CVS or the Title Company?

 

[nextwife]

seniorjudge....I actually asked the Clerk about doing that, and she told me that would be an unnecessary expense, and trying to do that now might be too late if the Title Search has already been done. I did emailed CVS as another means of letting them know the judgement lien exists, so unless that gets totally ignored, hopefully things will work out.

But if one day I start seeing their house being demolished and I havn't received my money, do I have any grounds against CVS or the Title Company?

Depends upon who the owner is at the time it's being demolished. If title hasn't transferred, there are no grounds.

 

[EbayBob]

nextwife......the whole idea behind my question was based on a scenario where the property was sold to CVS without my lien being paid as part of that process.....possibly due to the Title Search not catching it. And in that case I would think the Title Company....assuming one was involved......would be responsible.

But getting back to my question......if a scenario like this occurred, is the fact that the house was sold/destroyed and my lien on that property not discovered, now a seperate issue from the Judgement against the defendant?