How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I own a building in the USA which is about to go into foreclosure.

Customer Question

I own a building in the USA which is about to go into foreclosure. I have personally guaranteed the mortgage.

I have moved to the UK, and have no liquid assets remaining in the US, however I have about L150,000 cash in the bank in the UK which I need while I am selling some property and completing probate on my late mother's estate in order to release funds to repay the bank.

Do you know whether a US creditor bank would be able to easily access the cash I have in the bank in the UK? How long would it take following the entering of the judgement in the US, and what would the mechanism be?

I hope you can help
Thank you
Rachael Williams [email protected]
07792 397586
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Did you sign any agreement saying it was governed by the laws of England bad Wales please?
Alex Watts : Note I am just on the train so may be on and offline
JACUSTOMER-kcdqkxic- :

No. I'm sure I didn't. My husband (who is also a US attorney) drafted everything, but I'm almost 100% positive that the loan documents and mortgage note would have been subject to Pennsylvania law

Alex Watts :

Its good news.Any money Judgment in the USA can not be enforced in the UK.

Alex Watts :

The law relating to this is considered in:

Alex Watts :

The Administration of Justice Act 1920

Alex Watts :

Foreign Judgments (Reciprocal Enforcement)
Act 1933

Alex Watts :

The Brussels Regulation

Alex Watts :

Lugano Convention

Alex Watts :

The USA is not a member states of these conventions which means that regular money Judgments can not be enforced from the USA in the UK.

Alex Watts :

Sadly the same applies here if we want to issue proceedings for a money claim for someone in the USA.

Alex Watts :

We can get Judgment in the UK but it is not going to be enforced in the USA.

Alex Watts :

Therefore without a valid Court order in the UK they are not likely to get money here in the UK.

Alex Watts :

That is why I asked which law governed it, if it was the law of England and Wales then yes they would be able to, but if US lawapplies then they would have great difficulty.

Alex Watts :

Can I clarify anything for you today Rachael about this please?

JACUSTOMER-kcdqkxic- :

Alex,

JACUSTOMER-kcdqkxic- :

What a fabulous service this is!

Alex Watts :

One does try :)

JACUSTOMER-kcdqkxic- :

I am super-relieved. I will double check the agreement, but I'm sure it's PA law.

JACUSTOMER-kcdqkxic- :

Hooray.

Alex Watts :

Obviously I can't advise on US law being an English lawyer.

JACUSTOMER-kcdqkxic- :

I will let you know if I need any further clarification.

Alex Watts :

But yay!

JACUSTOMER-kcdqkxic- :

Thank you so much,

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-kcdqkxic- :

Rachael

Alex Watts :

All the best

Alex Watts :

Please do take a moment to provide feedback before you leave today.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice