Flemington, NJ asked in Family Law for New Jersey

Q: my ex wife has a lien on my house. The house got sold at Sheriff's sale. Now she wants her money PLUS interest. Yes/No

In 2010 I signed a consent decree giving my ex a lien on my house in lieu of back alimony I owed her ($ 80,000).

My house was sold at Sheriff's sale last November the proceeds being held by the Superior Court in Trenton. My ex has recently filed a motion for payment of the lien, 80 K, PLUS claiming interest of 19 K from 2010 till now. My question is, is she entitled to the interest ?

Thanks: Gordon D., Flemington, NJ

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2 Lawyer Answers
Justin M. Gillman
Justin M. Gillman
PREMIUM
Answered
  • Edison, NJ
  • Licensed in New Jersey

A: First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held by the Court. I think you would need to review the original documents that you signed in 2010 to determine if interest was collectible.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Your situation is going to require an in person consultation and a document review to determine how to best proceed.

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