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    Chefwife's Avatar
    Chefwife Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 1, 2011, 04:43 PM
    Lien on Back Child Support - House Foreclosed
    Several years ago, the State Attorney Generals office put a lien on my ex husbands house for back child support. I have since learned the house has been foreclosed on and has already been sold. There was very little owed on the house and more than $60,000 in equity in the house. Where do I fall in line, as far as getting paid, and I am wondering how the sale of the house went through with a lien on it ?

    I am patiently waiting for Monday to contact the AGO - but would love some feedback in the meantime. I am in the state of Texas.
    Thank you
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 1, 2011, 04:46 PM
    Your lien should be among the first few to be satisfied.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 1, 2011, 04:49 PM
    Contact the bank that foreclosed. The foreclosure would not have cancelled the lien unless other liens took precedence.

    But housing prices have dropped considerably and there may have been a refinance so there may not have been the amount of equity you think there was.
    Chefwife's Avatar
    Chefwife Posts: 3, Reputation: 1
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    #4

    Oct 3, 2011, 12:34 PM
    After speaking to the AGO in Texas, the answer I received was basically, if the bank did not due their homework, and check on back liens, then I am out of luck. How can that be ? I thought you could not sell a house without checking for clear title or liens on the home?

    Does anyone have any suggestions - feedback. Do I have any options?
    Any response will be appreciated. Thank you.
    Chefwife's Avatar
    Chefwife Posts: 3, Reputation: 1
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    #5

    Oct 3, 2011, 12:37 PM
    A house that I had a lien on was foreclosed on an sold.
    The lien was placed by the Attorney General's Office for the back child support, way back in 2002. I just found error by accident the house was sold several months ago. The Child Support office is bascially telling me there is nothing they can do if the Bank did not check for clear title or liens. Anyone offer any suggestions? My ex husband is now homeless, basically indigent. I have no other recourse at this point to collect the back support. Any guidance would be greatly appreciated.
    Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 3, 2011, 12:53 PM
    Please don't start new threads with basically the same question. I've merged your threads for you.

    Basically, what the AG's office is telling you is that they don't want to get involved. Its not worth their time to pursue. So you will have to pursue it yourself. This means you will have to sue the bank on your own. The only other alternative is to get the media involved and maybe shame the AG into taking action.

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