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juls161 · Apr 26, 2015, 06:18 PM

I live in Salinas ,CA. My daughters Dad owes me about 19000.00 in back child support. Monterey County Child Support said they have had a lien on his house. I just found out the house has been foreclosed on. Will the lien get paid off?

cdad · Apr 26, 2015, 06:56 PM

You are not likely to get anything unless the house sells for more then what it was foreclosed on. The banks usually only try to recoup what they have into it and not much else.

Fr_Chuck · Apr 27, 2015, 02:31 AM

Not very likely, at a foreclosure the house is normally sold at auction, if there is a first or second lien on the house from previous loans, they will get paid first normally before the lien for judgements are done.

Also, how did they get a lien on the house without going to court and getting a judgement ? Why do they have the lien, not you?

But seldom does a house sell for enough money to cover the first loan, and selling costs. Often even the banks that sell the house, find there is no buyer, and the bank merely "buys it" for the amount of their loan, and no other lien gets any money.

So a foreclosure is about the worst thing that can happen for you, since then there is no lien, and you get no money.

juls161 · Apr 27, 2015, 03:42 AM

Originally Posted by Fr_Chuck

Not very likely, at a foreclosure the house is normally sold at auction, if there is a first or second lien on the house from previous loans, they will get paid first normally before the lien for judgements are done.

Also, how did they get a lien on the house without going to court and getting a judgement ? Why do they have the lien, not you?

But seldom does a house sell for enough money to cover the first loan, and selling costs. Often even the banks that sell the house, find there is no buyer, and the bank merely "buys it" for the amount of their loan, and no other lien gets any money.

So a foreclosure is about the worst thing that can happen for you, since then there is no lien, and you get no money.

Hi and thank you for taking the time to answer my question. There was more then one court hearing about my child support matter. A judgement was determined . And paperwork was always given to me. Would there be different paperwork for a judgement in which a lien has been placed on something? I would always get the amount per month judgement papers , and the balance owed to me . I did find it odd that since this was in my behalf , why wasn't I notified personally about this. I simply asked the support officer " Can I place a lien on his house for the support owed? " I was told it was already done Maybe this isn't really the truth. I am not real happy with the service they have given to me, and if this is not the case ( Lien ) I will be highly upset .You have been very helpful . Thanks once again

joypulv · Apr 27, 2015, 04:57 AM

All property (real estate) documents such as liens are public knowledge, but you have to go to city hall in person. The right dept (deeds, property taxes, etc) will be glad to help you.
How far away are you from his city hall?

The CA foreclosure situation is very different from other states, because properties continue to sell very well. Still, a foreclosure can take a very long time, and if he filed for bankruptcy, it can take many years.

ScottGem · Apr 27, 2015, 05:02 AM

Child support agencies have some power to help collect back support. As long as support is court ordered, they may or may not need a further judgment to place a lien. The fact that the lien was placed indicates its legality. But the big question, as noted, is how much is owed on the property. The child support lien will be paid after the lenders. So a foreclosure is not good news for you.