Posted on November 21, 2010.
child support lien in a foreclosure, adjoining the house or follow debtora I live in Florida. A few years ago, a child support lien was placed on the house of my ex-husband in Ohio for $ 20K (by the state because of my receiving public assistance). He shares the deed of the house with his second wife he is divorcing. The first mortgage is only in his name ($ 75K), the second mortgage (HELOC) is in both names ($ 11K). No other lien / tax arrears exist. Total obligations in current dollars = 106K. Current bid up the short selling is $ 40K, but can not be activated because of the privilege of child support. His second wife has filed for bankruptcy CH 7 in its current resident of MI and has waived any claim to the house in their divorce settlement.
I was informed that the child support is a priority and the bank can not exclude, or the house is sold without satisfying the child support lien. In addition, I was advised that the privilege is "attached" to the house rather than the former and must be paid by the bank first mortgage unless they choose to release the mortgage entirely in Then I have no idea what would happen.
I was actually considering the waiver of the rear portion of support that is not claimed by the state as far as I can because of my role in the circumstances surrounding this situation. The former has no property in his name, nor the income and if the lien follows there would be no chance or desire on my part to collect. Does anyone know if (1.) Privilege is actually attached to the housea and (2.) can actually be paid by the banka
Short sales offer of $ 40K was a miracle to begin with (by the redevelopment of local non-profit). To say the house is still worth $ 40K at this stage is a long shot.
A government loan would normally be met before a mortgage or other charge on property. Which include things like taxes, child support liens.
The government does not ask the bank to pay the child support lien, they say that if the property is sold by any means, that the child support lien to take preference and paid first, and left something could be used to pay any other liens against property, with the first mortgage is the next in line.
In the case of a sale of the property does not have enough money to pay the child support lien, then any amount left would still be prosecuted by the county in which child support is owed. By collecting a portion of child support does not prevent the government from seeking the rest of the child support.
It matters little whether you want to give up some privilege for child support you would get. These funds are paid into your account exes left to pay on the unpaid balance of child support.
I hope it was useful to you, good luck.
"FIGHT ON"
Although short selling will probably not happen, the lender can not definitely exclude the property. Privileged child support is behind the first trust deed lender and that this privilege will be deleted out in foreclosure.
States do not normally waive child support they deserve. It's their money, you're out of the loop, but after paying there is something left for your child. Until you get unemployed, the money will go to repay them because they were taking care of your children. Your ex is robbed unless the State cut him some slack and just lock him up.
The second wife was smart to cut him lose and let it hang.
I know from firsthand experience. The lien is not paid in foreclosure, only a sale. Your ex still has the support of children and the lien is attached to it. Run a credit check on him, you see there. They receive money from his estate when he passes if they must, or simply stop, AZ a.