Foreclosure and lien for child support?

Question

My ex husband owes 26k in child support arrearage and a judgment for $5,500 for premarital debt he didn't pay. I have personally put a lien on his house for the $5,500 he owes me and I'm sure the Child Support Office has also reported the arrearage against his home as well. He is facing more contempt charges for failure to pay support and has just informed me he is facing the bank foreclosing on his home. If the bank takes the home doesn't the liens have to be paid since they are child support related?

Answer 1

The child support will be first AFTER the bank gets their share of the foreclosure.

You would be much better off having the state garish his wages. They garish and give you 100% of any tax refunds he has until you are repaid.

Gawd, I really dislike dead beat dads. Hopefully he will end up homeless, like he deserves after disregarding his childrens welfare.

Answer 2

They are 'personal' debts as is the bank mortgage.

It depends on the state, but in most cases, these types of liens are an 'additional charge' that may or may not carry over and come out of any profit the bank makes on resale of the forclosed home, or they may be paid by the bank as part of the foreclosure process in order to obtain clear title. (see below)

In this respect they are different from a tax lien that is required to be paid 'at the time of transfer' in order to obtain a clear title to the property. (The bank would pay it and include the amount in their asking price since they normally do NOT sell lien encumbered properties because they will NOT clear a title search for a warranty deed.)

Answer 3

The liens will be paid first because without them being paid the bank cannot get a clear title in order to sell the home. The bank will then either go after him for the difference, or file a 1099 in which case the IRS will go after him for taxes due on income. And this income is viewed as, shall we say a bonus the rate is around 30%. As far as child support why has not Domestic relations garnished his wage to include tax returns? Something else to check into. Have seen it done many times. Have also read about many being put in jail for non payment of allot less than 26K, it is called contempt of court. Would push this. (Saying this as someone who has paid the support ordered faithfully)

Answer 4

first when the first note forecloses, this note refereed to the senior note will wipe out all notes that came after or junior, their are some exceptions for tax, federal and state, some local utilities but not much more
so your lien will be not be wipe out per se but would be removed from the title of the property you still have a judgment against him just not the property with a lien

i do not believe state on child support lien would survive but it could

Answer 5

a newborn help lien might might desire to be paid first out of the relax proceeds after the own loan became paid off! If there are actually not sufficient money left to conceal the lien the state will nevertheless pursue your ex for the stability of the back help. If the state paid you for newborn tips they might have a separate lien as properly to any money you think of you have coming. you may desire to no longer waive the state's element of the lien.

Answer 6

When the house is sold by the bank, the bank gets first crack at it. Makes sense...they shouldn't be left holding the bag, otherwise THEY would be "paying" your child support.

If the bank sells the house for enough to pay off the mortgage, then the lienholders get theirs.

Answer 7

Rule is the Bank will be paid out first and then IF there is any extra those with claims will be dealt with in order of date of claim on house.