Child support lien in a foreclosure, attached to house or follow obligor?
I know this from first hand experience. The lien is not paid in the foreclosure, only a sale. Your ex still owes the child support and the lien is attached to him. Run a credit check on him, you will see it there. They will get the money out of his estate when he passes if they have to, or just arrest him, AZ arrested lots of dead beats this year. It would be great for children if the banks did pay for the dead beats obligations, but in real life this does not happen.
by Landlord - 14 hours ago
A child support lien would have to be paid first out of the remaining proceeds after the mortgage was paid off! If there are not enough funds left to cover the lien the state will still pursue your ex for the balance of the back support. If the state paid you for child assistance they may have a separate lien in addition to any money you think you have coming. You could not waive the state's portion of the lien.
by Bill - 14 hours ago
The states do not normally waive child support that is owed to them. That's their money, you're out the loop unless after they get paid there's something left for your child. Until you get off the dole, money will go to paying them back because they have been taking care of your kids. Your ex is jacked unless the state cut him some slack and just lock him up. The second wife was smart to cut her loses and leave him dangling.
by LucyGoosey - 14 hours ago
You have been advised correctly There are many kinds of liens and they all follow the property, not the person. Lien priority is different matter. By law, real property can't transfer ownership until all liens are cleared from title. A mortgage is a lien. When their are multiple liens on a piece of property, lien order is all that matters (who gets paid off first). Government liens always assumes the first position. Since the child support lien was not placed by you, but by the state, the child support lien must be fulfilled before the lender can claim ownership. As to whether or not the lender will pay the child support lien, I have no idea. But recovering $20k without adding the expenses of foreclosure may be in their best interest at this point (depending upon likely resale values). Your pity upon your ex to waive part of the back support is rare, but actually it may simply be out of your control at this point since liens aren't easily changed.
by linkus86 - 14 hours ago
While the short sale will probably not go through, the lender certainly can foreclose on the property. The child-support lien is behind the 1st Trust Deed of the lender and that lien will be wiped-out in the foreclosure.
by Glenn S - 14 hours ago
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