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    GDUB2010's Avatar
    GDUB2010 Posts: 1, Reputation: 1
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    #1

    Sep 15, 2010, 09:37 PM
    In ca does a lien for spousal support get paid by bank in a short sale?
    In calif does lien for past due spousal support with judgement recored against the title precede the banks rights? Must the support be paid by the bank? What about in the event of repossesion?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Sep 16, 2010, 12:48 PM

    What is your situation and maybe we can help you with it. What is really going on ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 16, 2010, 05:58 PM

    If the spouse has a lien on the property, it would have to be paid at closing, so I see no way it would sell at short sale, since there would have to be enough money to pay it first and then the short sale to the bank. The bank will not be paying the lien, the lien has to be paid first.

    If it forecloses, then it can be sold at foreclosure and first lien gets paid first. Does not mean you will still not owe the money to spouse, but they will lose the lien at foreclosure, if it sells for less then total owed
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