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Generally, child support liens take priority in a foreclosure proceeding. Child support liens cannot be wiped out in a bankruptcy proceeding. However, laws vary in different jurisdictions and you didn't explain the situation that is the basis for your question. You need to check your particular jurisdiction and provide more details.
What else can I help you with?
What are all the liens included in junior liens?
The types of liens that are common junior liens are mortgages filed after the first, Home equity lines of credit (HELOC), mechanic's liens, back child support payments, property taxes, past due HOA assessments, dues and fees, IRS, court judgments (if they are attached to your property by a judge). If the first mortgagee successfully forecloses on a property, all liens attached are wiped out except for property taxes, IRS liens, and child support.
If house is foreclosed do all liens have to be satisfied before title is cleared?
The liens that predate the foreclosed mortgage must be paid such as a prior mortgage. The http://taxes.answers.com and any municipal services liens must be paid. Any mortgages, attachments, etc that were recorded AFTER the foreclosed mortgage get wiped out as liens against the property.
Can you get a mortgage with IRS liens?
No. The liens must be paid off before a lender will grant a mortgage. Sometimes the lender will arrange payment and roll that amount into the amount borrowed.
When a mortgagor forecloses on a property and sells it who pays any liens?
Generally: The proceeds of the sale are used to pay outstanding liens that must be paid. Liens that must be paid are local, state and federal taxes, municipal services liens, the subject mortgage and any liens that were recorded prior to the recording of the foreclosed mortgage. Any liens that were recorded after the subject mortgage are wiped out as to the record title. They would no longer be liens against the real estate but could be pursued as against the owner who acquired them.
Is there a statute of limitation on mortgage liens?
Apparently there is a statute of limitations of a mortgage in Maryland of 9 years after the last payment was due.
What are the procedures at a real estate auction to determine what liens are paid?
Answer: Liens that were recorded prior to the mortgage must be paid. Taxes and municipal liens must be paid. Liens that were recorded subsequent to the foreclosed mortgage are wiped out by the foreclosure. AND you should have the title checked at least one more owner back to determine what liens are outstanding.
Classifications of liens?
There are few types: construction, security, tax, judgment, artisan... you should check your state statutes (lien laws) for the types of liens and the requirements for each. Most state statutes are available online.
How many liens can be placed on a person's wages?
Do you mean a garnishment? A lien would be something like a mortgage, judgment lien, child support lien or tax lien, recorded in the land records. You can have an unlimited number of judgments and garnishment orders but according to the US Department of Labor rules, garnishments cannot exceed 25% of your disposable income. A creditor cannot take over 15% for a federal student loan. Some creditors may need to wait their turn. Child support liens and IRS liens take precedence. See related link for more information.
Can 2nd mortgage collect after auction?
No. Once the first mortgage or deed of trust is foreclosed, the second mortgage and any inferior liens are voided.
Does new spouse have to pay child support in il?
No. However, the State may intercept or place liens on property owned by the two of you to collect past-due support.
Who pays the child support lean on a house when it is foreclosed?
Liens are due when the property is sold, and are the responsibility of the seller(s). A foreclosure is not a sale.
Can child support liens be dismissed?
Yes, child support liens can be dismissed under certain circumstances, such as if the underlying child support obligation has been satisfied, if there is a valid legal reason for the dismissal, or if the custodial parent agrees to the dismissal. Additionally, a court may dismiss a lien if it finds it was improperly filed or if the non-custodial parent successfully contests its validity. It is advisable to consult a legal professional for guidance tailored to specific situations.
