The vendor's interest being personal property, it necessarily follows that a judgment obtained against the vendor after the date of such contract does not become a lien upon the land.  (citation omitted) Johnson v. Smith, 210 Iowa 591, ___, 231 N.W. 470, 473 (Iowa 1930).

Inasmuch as the vendors had no interest to which a judgment lien could attach, the conveyance to W in the deed from vendors conveyed no such interest.  The only interest in the land that W ever had to which a judgment lien could attach was the interest she received in the contract.  She conveyed/assigned that interest away when she gave the QCD, so the later judgment against her is not a lien on the real estate.

N.B.  If the deed had been given in escrow at the time the contract was made, it would "relate back" to the date of the contract, and there would be no room for debate that W has no lienable interest.  See Marshall's Iowa Title Opinions and Standards 20.1(C), (E) (G. Madsen 2d. ed. 1978)

Looking at it from the opposite perspective, imagine that you are counsel for the holder of the judgment lien and are foreclosing on the judgment lien.  What do you tell the judge when he/she asks you, "Exactly what is W's interest in this estate upon which you may foreclose?"

I do not think the scenario laid out by Todd affects the marketability of H's title.

-----Original Message-----
From: realestate-owner@iabar.org mailto:realestate-owner@iabar.org On Behalf Of Heininger,Richard
Sent: Thursday, September 21, 2006 11:53 AM
To: realestate@iabar.org
Subject: RE:

(NOTE: selecting Reply in your email program defaults to the entire list)

I think the wife acquired an interest in the property by the deed from

the sellers.  The decree of dissolution does not transfer that interest

therefore the wife's judgment lien attaches to the property.  The

earlier quit claim deed does not transfer after acquired property to the

husband.

-----Original Message-----

From: realestate-owner@iabar.org mailto:realestate-owner@iabar.org On

Behalf Of Todd G. Nielsen

Sent: Wednesday, September 20, 2006 5:25 PM

To: realestate@iabar.org

Subject:

Reiewed an abstract and ran across a fact pattern that has caused some

concern.  Would like some help or suggestions on how or if I can Pass

title.

 1.  Husband and Wife buy parcel A on contract in 1986.

 2.  Two months after that contract is signed, wife quit claims her

interest in the property to Husband.

 3.  2 years later contract sellers give a deed to both H & W in

satisfaction of their contract.

 4.  Husband and wife then get divorced and the decree does not

specifically deal with Parcel A.  The decree just has a general

Statement that the parties are awarded all property in their

name...........

 5.  Husband now deeds Parcel A to his stepdaughter so she can put a

home on Parcel A.

 6. The kicker is that Wife now has a judgement against her for $5000.00

that was filed August 5.

  Does wife still have an interest that this judgement could attach to

and would a nunc pro tunc decree take care of her interest if it vested

title in husband.  Both parties agree that it was meant to be the

property of the husband.  They thought the quit claim deed from wife to

husband took care of her interest.  I assume they did not inform their

divorce attorneys about Parcel A???

What are my options-----HELP  

                                     Thanks

                                      Todd Nielsen

_____________________________

To unsubscribe from this list, send a mail message to "mailto:listserve@iowabar.org"

with the following in the subject and body of the message:

   unsubscribe realestate