DATE:
08/18/00
SUBJECT/TOPIC:
RECORDING
  Q:
Husband and wife get a divorce. Husband gets the real estate. The marital dissolution agreement states that husband shall pay wife $10,000 by June 1, 2000 and $10,000 by October 1, 2000. June 1 passes and Wife does not get paid. She learns that Husband is about to sell the property to his mother for fair market value, so wife goes to Register's office and records the divorce decree. Through no fault of her own, she files the decree in the general index book and not the lien book. Title search reveals the divorce decree, but closing attorney decides to ignore it and not show as a judgment lien. Question: Is it a valid judgment lien? If so, what is the best way to enforce judgment lien?
  A:
You've asked a good question. The indexes are not an essential part of the recording system, and a properly registered and noted instrument imparts constructive notice even if misindexed. See Maxwell v. Stuart, 99 Tenn. 409 (1897). Given that, and given that the closing attorney had actual notice of the judgment, it seems to me you still have a lien against the property. I'd bring a suit against the current owner to enforce it. I'd also sue the husband in case he still has some of the sales proceeds.
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