The Better Chancery Practice Blog

So you got your client a judgment for $10,000 lump sum alimony in her divorce.  Pretty good for a 5-year marriage.  You’ve gotten quite a few pats on the back for your good work, and your client was so pleased with your performance that she wrote a check for the balance of her fee the day you handed her a copy of the judgment.  You are so glad to be done with the case that you go and cash the check and take the weekend off in the French Quarter.  

Only problem is that your client calls you on your cell at Pat O’Brien’s complaining that her ex has sold the farm and claims he has spent all of the proceeds.  She says that the farm was his only asset, and wants to know how she is going to collect her $10,000.  You call the closing attorney, who advises you that there were no liens of record, and that the sale was perfectly legitimate. 

Where did you go wrong?

A judgment is not a lien against the real property unless it is recorded in the Circuit Clerk’s office.  Had you gotten an abstract of judgment from the Chancery Clerk, taken it to the Circuit Clerk’s office, and asked that it be recorded, the sale of the farm could not have been closed without the judgment being paid in full.  The unrecorded judgment is not binding notice to the closing lawyer or the purchaser, so they have no liability to your client.