Senior Spousel/Child Support Judgements


#1

Ive been advised to steer away from properties affected by spousel/child support judgements alltogether by my title co. I guess what im looking for is concrete advice on how to approach these. If in junior position are they wiped out? and if in senior position are there any loopholes to getting around them?

Thanks


#2

It would depend on the recording date of the lien or judgement. If it is recorded prior to the foreclosing loan then it would need to be paid. If recorded after then they would be wiped out by the trustee sale. If you are attempting to negotiate a short sale then these liens and judgements would have to be paid. You may be able to negotiate a matured installment agreement but there would be no way of “getting around” them.


#3

Thanks for the clarifcation Michelle


#4

Let me also add that a purchase money first mortgage may not be subject to certain prior lien claims. Discuss this with your title company.