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    Meso117's Avatar
    Meso117 Posts: 2, Reputation: 1
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    #1

    Aug 7, 2008, 08:06 PM
    Home foreclosure with existing lien
    I have a home going into foreclosure. The home has a lien on it from the divorce attorney. The home has an extremely high mortgage and will not sell in this market, to cover the mortgage and the attorneys fees. My children (3) and I live on alimony and Child support. Currently I am unemployed. Having a hard time finding a job in a depressed economy and after not working for almost two decades.
    The question is, when the house forecloses, what happens to the lien with the lawyer. Can a lawyer sue and take child support or alimony?
    BetrayalBtCamp's Avatar
    BetrayalBtCamp Posts: 307, Reputation: 63
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    #2

    Aug 12, 2008, 05:49 AM
    It sounds as if the lawyer might be able to continue to go after you for the amt owed. The lien is just a way of securing the amt owed, that debt isn't going to necessarily disappear because the collateral does. You would need an atty to tell you what will happen to that debt & many do give free consulations. In some cases. Some liens do get wiped out completely in a foreclosure some don't, but it depends on the law where you live & what sort of debt the lien is based on.

    You most likely could also get a free consultation with a bankruptcy lawyer to find out if you file b/k if the amt owed to the lawyer would be able to go away that way. If nothing else, the threat of getting pennies on the dollar (if anything at all) in a b/k might get the amt owed to the lawyer significantly reduced, the amt of interest or other charges significantly reduced and/or a reasonable pymt plan that is affordable worked out.

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