Summary
In Alabama, lien priority follows the first in time, first in right rule. If a mortgage is recorded before a judgment lien, the mortgage typically has priority. This could affect your ability to collect if the property is sold or foreclosed. However, you may still have other enforcement options, such as garnishing wages, seizing assets, or negotiating a payment plan. Retirement funds may also be considered, though some accounts are protected under federal and state law. Discussing your situation with an attorney can help clarify your options and ensure you take the best steps to enforce your judgment.Full Conversation
My husband is supposed to pay me $*,* according to a judgment which was filed on March 12th on April 23rd. He refinanced and on April 28th my lawyers filed the lien. Do I have reason to be afraid that I'm not going to see my money?
In Alabama, if your husband's refinancing mortgage was recorded on April 23rd and your judgment lien was recorded on April 28th, the mortgage likely has priority under the "first in time, first in right" rule. This could complicate your ability to collect if the property is sold or foreclosed.
You may still have other collection options beyond the lien, such as garnishing wages or bank accounts. It’s a good idea to discuss this with your attorney to explore your options for enforcing the judgment.
Well it hasn't sold so I have no power if it hasn't sold yet?
Your lien still holds legal weight even if the property hasn’t sold yet. If the mortgage has priority, it gets paid first upon sale or foreclosure. However, you can still pursue enforcement options like garnishment or seizing other assets. Consulting your attorney will help clarify your best steps.
He doesn't make enough money that I get $*,* lump sum.
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If he can't pay the lump sum, you may need to explore other enforcement options like wage garnishment, seizing assets, or negotiating a payment plan. Your judgment is legally enforceable, so it’s worth discussing strategies with your attorney to ensure collection.
I'm talking about I don't want to be paid $*,* over the course of 10 years. I was counting on that money to survive. But he does have $*,* in retirement funds and such
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You may have options to collect against his retirement funds, though certain types (like *(k)s and pensions) are often protected under federal and state law. It depends on the type of retirement accounts he has. Have you discussed this with your attorney yet?
So I basically put all my cash into his house and walk away with nothing. Is that what you're telling me?
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It sounds like your situation is complex but not entirely without options. If you invested in the house and are owed a judgment, you can explore enforcing the judgment through other means, like garnishing assets or negotiating a larger share of his retirement funds if possible. Do you want me to explain your options further?
No
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It seems you have significant legal concerns, particularly regarding judgment enforcement and asset collection. If you'd like, I can provide more general legal information about your options. Let me know if there's anything specific you'd like clarified.
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