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How can I attach a child support judgment on a ...

How can I attach a child support judgment on a mortgage if my exhusband holds the mortgage and the property is going into foreclosure


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286 helpful answers

Please adopt a pet. We need you!

Sparky SnotsLicker. Charter Member of S.N.O.T.S.

I am a free spirit who is grateful for my life and freedom...today.

Christine Burgess

 

Lely069,  I don't think you can.  If the bank takes the property, then the ex has no interest or equity coming to him.  There is nothing there for you to collect on.  He is losing something, not gaining something.  You will just have to get your child support from his wages, or have the government take it out of his paycheck and foward it to you.

Anna Sparky's Mom

 

Posted 2009-09-25T16:42:38Z
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I think a lein would do it.

Posted 2009-09-25T18:22:11Z
 
286 helpful answers

Please adopt a pet. We need you!

Sparky SnotsLicker. Charter Member of S.N.O.T.S.

I am a free spirit who is grateful for my life and freedom...today.

Christine Burgess

 

Chickenfoot,  a lein won't work.  A lein is only good if a person is planning on selling a house, and getting the money themselves.  This house is in forclosure.  The bank is taking it.  You cannot put a lein on a house that is in forclosure.  The bank is taking it, and not giving any money to anyone.

Anna Sparky's Mom

Posted 2009-09-29T16:26:41Z
 

No. you cannot attach anything to it. The property will be probably seized and either short saled, chapter 13'd or let go completely. If he holds the mortgage then you are not his creditor, and the bank is. You have to seek separate proceedings, if he does a chapter 13, chances are you are not going to get much child support. If you file for support, it is considered secured debt and MUST be paid along with all other secured debts first, so you are better off. Otherwise you have to hit his wallet and leave the house alone. A lien will only serve as freezing assets on an already lost cause. You won't get anything from a short sale or forclosure settlement. Start shopping for lawyers.

Posted 2009-10-04T03:34:25Z

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