What happens to a civil judgement that is placed on a house in foreclosure?
Jan 11, 2009 in
Financial and Loan Tips
kimberly t
My home is currently in foreclosure, and someone who has a lawsuit against me (civil) is trying to put a lien on my home, what could happen?
My home is currently in foreclosure, and someone who has a lawsuit against me (civil) is trying to put a lien on my home, what could happen?
Like this post? Subscribe to my RSS feed and get loads more!
3 comments
newmexicorealestateforms on January 13, 2009 at 3:08 pm
The individual lenders that are foreclosing on you will have to amend their filings to include the new debtor when and if they place the lien on the home and properly speaking the lien holder should contact the lender foreclosing for proper notice and to avoid having their interest extinguished in the foreclosure.
If at the sale of the foreclosed property there is enough money to pay the lender and any other debtors listed the party with the lien will then get paid and if money is still left over then the person who was foreclosed receives the difference.
Buena Suerte
goz1111 on January 17, 2009 at 1:28 am
if after the bank takes it’s monies from the foreclosure, their is monies left they get it, but the lien on the house will not be able to stop the foreclosure since it will be a Junior lien to the foreclosure
Pro Home Buyer on January 20, 2009 at 5:04 am
Actually the answer to your questions depends on whether or not you have any equity left in your home. If there is no equity, then there is no need to be concerned because the lien will be removed after the Sheriff’s auction, at which time this will no affect you because you will no longer own the home. If you do have equity and monies will be available to you after the auction, then you should consider negotiating with the person who has the judgment against you. The less they are willing to take, the money you will receive assuming the house sells at auction for less than what you owe.