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Perfection of Equitable Lien Or Constructive Trust
A collection attorney from outside Florida called me about enforcement of an equitable lien on property. He obtained a judgment from a Florida court against a Florida debtor declaring that the creditor had an equitable lien on real property owned by the debtor and that the debtor held title in constructive trust for the creditor. The attorney wanted me to send him a form for perfecting his lien and trust.
As far as I know, there is no separate form for recording or perfecting a court order which declares an equitable lien. I suggested that the attorney record a certified copy of the court order in the county where the property was located, or alternatively, that he record some form of notice of equitable lien or trust which references the court order. Let me know if anyone is aware of a better procedure to perfect an equitable lien or constructive trust on real property.
Of course, if the debtor’s property was his homestead (its not in this case) the debtor may have asserted homestead defenses against the lien and trust.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
June 28, 2007 in Creditor Rights | Permalink
Comments
We need some help!!! My husband has a judgment against him from The Cadle Company which is a collection agency based out of Ohio. The judgment was for a vehicle that was repossed in 1996 in Florida. My husband was married to his first wife at the time so the judgment was in both his ex-wife and his name in which was issued in 2000. I got married to my husband in 1999 and we purchased a home in Atlanta, GA in 2002. The Cadle Company started calling right after the judgment was issued. They threatened us and told us that since our home in Atlanta was in both me and my husband’s name that they could legally attach a lien towards it in which they did. My husbands name is also on his sister’s home in Florida and the Cadle Company also attached a lien against her home. My sister-in-law refinanced her home in 2004 and when she did, the Cadle Company told my husband that the only way that they would remove the lien is if they received $15,000 in which they received once my sister-in-law went to closing. Even though received the $15,000, they did not remove the lien from our home in Atlanta. We sold our home in 2007 and the Cadle Company once again tried to collect over $20,000, but was only able to collect $3000 because my husband and I had to sell the home with a short sale because we were delinquent. The Cadle Company stopped calling for awhile and now they have started to call again (today). They are still saying that my husband owes them over $25,000 and it is April 2008. The original debt from the vehicle was $9000. The car was sold probably as soon as it was returned in 1996 and here it is 2008 and the Cadle Company is still trying to collect on a debt in which they have already been paid more than enough! They are still charging interest rates, attorney fees and any and every other fees they want. We really need help with this issue, so if anyone could please provide me with some advice. I have been searching the internet for the past two hours and the Cadle Company is a company that have stole from people and continue to do so with the help of the law. PLEASE HELP!!! What I don't understand is how and why they are still in business. Basically this company is legally stealing from families and businesses that are not able handle previous debts and along with collecting the original debts; they (Cadle Company) are making a killing on additional fees that they have added on.
Posted by: Marticia | Apr 30, 2008 9:43:37 PM
So a non asset judgement against a florida homestead can be removed, or just deferred?
Posted by: R Ock | Oct 6, 2007 12:03:57 AM
