[WSBARP] Property Claim for Debt

[Marcus Fry]

Don’t you sue for a judgment on the support payments.  Obtain the judgment and then pursue the execution procedures, which 1st require to search out attachable personal property (likely none) and then you can proceed with having the real estate foreclosed upon.  The mortgage likely won’t care because this will not impact their security position although the mortgage dx may require a notice of ex-husband’s transfer/conveyance of interest to mortgage company.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Monday, March 30, 2015 4:54 PM
To: wsbarp
Subject: [WSBARP] Property Claim for Debt

Good afternoon listserv,

I have a PC who finalized her pro se divorce against her no-show husband by drawing a line through all community assets, including their home. Now, surprise surprise, the ex husband has failed to make any support payment for going on three years and is in arrears for $80,000.00. He has roughly $50k in equity in the home. She wants to get him off the title now, and wants to use at least a portion of his debt to do that. He cannot be reached, apparently, and wants to actually do this through the Court system. Potentially complicating things is that they still have about $100k in a mortgage. Any thoughts on how we might be able to accomplish this?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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