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radcliff's avatar

What happens if your ex spouse goes into foreclosure and there is a marital lien on the home?

Asked by radcliff (253 points ) April 9th, 2012

Does anyone know the law pertaining to this situation? In the divorce decree, money is owed to me from the sale of my former home.
I am thinking, I will lose the rights to a lien, am I right?

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4 Answers

Adirondackwannabe's avatar

Yeah, the bank’s lien trumps the divorce decree. You could bid at the foreclosure sale, but that takes bucks.

radcliff's avatar

What if it’s a short sale?

Judi's avatar

If its a short sale then it means there are no proceeds left to pay any secondary notes. Your lein might be a cloud on the title and have to be cleared up before the bank can sell. It really depends on the laws in your state. You might want to talk to your county recorders office and ask about the process. They may suggest you speak to an attorney, but it’s worth a try.

creative1's avatar

When it comes to liens and foreclosure, the number 1 is the first mortgage because they are first postion on the tittle, if there is any money left over after the sale of the property then they look at who was in the lower postions. It really depends where you were in position on the loan. The likelihood the mortgage company will sell the home for less than what is owed to them therefore leaving nothing left for you. What you may have to do in order to get your money from him is take him back to court and see if they can garnish his pay for the debt owed to you but if he’s not working the old saying is…. you can’t get blood from a stone so what may end up happening is that you pay more attorney fees only to get nothing out of it.

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