QUESTION
There is a child support lien against my ex's home, the home is scheduled to be sold at foreclosure/auction this week. What happens to the lien?
Asked on May 13th, 2017 on Residential Real Estate - New Jersey
More details to this question:
It's a 3rd party auction. The lien was entered by the State of NJ several years ago before the foreclosure activity began.
2 ANSWERS
Anthony Van Zwaren
Yes, the state will have a priority lien for unpaid taxes and then either the child support lien or the foreclosure lien will be next. Child support orders are not dischargeable in bankruptcy, so they will receive priority over the lender's mortgage note, presumably.
Answered on Jun 05th, 2017 at 9:12 AM
2 Awards
Each lien will be satisfied in order until the money runs out, r the liens are satisfied. Therefore, if there is enough equity in the home to satisfy the first and second liens, then the remaining funds will be used to satisfy the third lien. Any remaining funds will be turned over to the owner.
Answered on May 15th, 2017 at 6:59 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship