| 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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