What comes first, Homestead exemption or my judgment lien that was filed first?

Question

I got a 750,000 judgment from a breach of contract lawsuit. I filed a lien against a nevada home. The owner, then after the fact filed a Homestead. The house is now for sale. When the sale is completed will I get my judgment paid? I did file my lien 2 months before the homestead was filed.

Answer 1

The Homestead Exemption has little to do with your lien, if the house is eventually sold. It merely means that, as a lienholder, you cannot FORCE the sale of homestead exempted property. However, when the property is eventually sold, lienholders are paid according to their priority. You might want to have a title search performed to see where you are in line, since there could be a very large mortgage lienholder ahead of you, and that would be paid off first. Federal income tax liens and state tax liens automatically get priority, under law. You would get what is left over, after prior liens are satisfied.