What happens to a civil judgement that is placed on a house in foreclosure?
Question:
Answer:
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
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
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.
If the lien is on your home and the house is sold at a sheriff sale to satisfy the foreclosure, the lien may get paid off.
When a home goes into foreclosure, the proceeds from the sheriff sale are used to pay off the loan that you defaulted on. Then, any other liens are paid off with the rest of the proceeds. The lien from the civil suit may get paid off completely, in part, or not at all.
But after the foreclosure is completed, there will be no more liens on the property, whether the sale proceeds were enough to pay them or not. The title is wiped clean and the purchaser owns the home without the mortgage or other liens on it.
That won't mean the judgment isn't still in effect, but it means that the lien was cleared off the title, regardless of being paid off or not.
Hope that explains it a little.
ForeclosureFish
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