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I garnished, in payment of a judgment, a condo owned by my former husband. .Who pays the Sheriff's Sale fees...buyer or seller
Anonymous4 views3 answers
sale took place in Camden County, Missouri. I am being billed the Sheriff's fee/commissions and was told at the sale that the buyer was to cover those fees. As mentioned above, my husband owes me from a divorce judgment a large sum of money so my attorney garnished the condo. Doesn't the judgment take precedence over seizure of assets.
The foreclosing party is responsible for the fees associated with the foreclosure, not the buyer. As for the ultimate financial responsibility for the costs you may want to look at your Judgement of Divorce and see if it has an enforcement provision. Filing a motion in the divorce case to make your ex-husband responsible for those fees would be your best option. This would be requesting the Judge to reduce the amount you paid to a money judgment for you to collect using your State's collection remedies.
I agree with Mr. Brown. Most jurisdictions require the levying party (you) to front all fees for execution of the order, writ or judgment, and the costs are then tacked onto the levy. Once the property is sold, the sale price is deducted from the judgment amount, plus fees for levy, resulting in either a surplus or a deficiency on the judgment.
The foreclosing party (seller) is responsible for paying the Sheriff's Sale fees. Usually around $1,200 to $1,500. Some divorce decrees will state, "in the event of collection, which party is responsible for costs." You can always try to amend the divorce decree, but that will cost money too.
