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  1. #1
    ringmail22 is offline Junior Member
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    Foreclosure, bankruptcy and Child support lien

    What is the name of your state (only U.S. law)? New Jersey
    I could have posted this in three different categories, but here seemed like the best:
    Recently, I received a notice from child support probation in Essex county that my ex had filed for bankruptcy. There was a short form to fill out, but no instructions as to how to fill it out or where to send it. (The arrears are appx. $4,000) This evening, I was served with a summons as I had been named AS A DEFENDANT in a foreclosure action on the property he and his wife own. It states that I am "being joined to foreclose any arrears that may have accrued subsequent to the recording date of the loan being foreclosed herein AND WHICH ARE SUBORDINATE TO THE LIEN OF THE PLAINTIFFS LIEN BEING FORECLOSED UPON HEREIN."
    If anyone knows what is going on, please explain what it all means TO ME. And whether or not I have to take any action.
    Last edited by ringmail22; 07-01-2012 at 10:45 PM.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by ringmail22 View Post
    What is the name of your state (only U.S. law)? New Jersey
    I could have posted this in three different categories, but here seemed like the best:
    Recently, I received a notice from child support probation in Essex county that my ex had filed for bankruptcy. There was a short form to fill out, but no instructions as to how to fill it out or where to send it. (The arrears are appx. $4,000) This evening, I was served with a summons as I had been named AS A DEFENDANT in a foreclosure action on the property he and his wife own. It states that I am "being joined to foreclose any arrears that may have accrued subsequent to the recording date of the loan being foreclosed herein AND WHICH ARE SUBORDINATE TO THE LIEN OF THE PLAINTIFFS LIEN BEING FORECLOSED UPON HEREIN."
    If anyone knows what is going on, please explain what it all means TO ME. And whether or not I have to take any action.
    Which one of you is paying the child support?
  3. #3
    ringmail22 is offline Junior Member
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    He is paying and owes the arrears.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by ringmail22 View Post
    What is the name of your state (only U.S. law)? New Jersey
    I could have posted this in three different categories, but here seemed like the best:
    Recently, I received a notice from child support probation in Essex county that my ex had filed for bankruptcy. There was a short form to fill out, but no instructions as to how to fill it out or where to send it. (The arrears are appx. $4,000) This evening, I was served with a summons as I had been named AS A DEFENDANT in a foreclosure action on the property he and his wife own. It states that I am "being joined to foreclose any arrears that may have accrued subsequent to the recording date of the loan being foreclosed herein AND WHICH ARE SUBORDINATE TO THE LIEN OF THE PLAINTIFFS LIEN BEING FORECLOSED UPON HEREIN."
    If anyone knows what is going on, please explain what it all means TO ME. And whether or not I have to take any action.
    It sounds like the child support enforcement agency has put a lien against the home for the arrears owed to you. That notice is informing you that a foreclosure is happening and that the mortgage company is going to get their share first, before any money goes to you. Quite frankly, what you should expect is to get nothing from the lien against the home, because when a foreclosure happens, the primary mortgage company rarely is able to collect what is due to them, let alone any subsequent lienholders.
  5. #5
    Ohiogal is offline Senior Member
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    Is your name on your ex's home at all -- including the mortgage?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    ringmail22 is offline Junior Member
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    I am most certainly not on their mortgage or deed. It would make sense that probation would have a lien against his house since he has been in arrears for several years. But wouldn't a bankruptcy filing stop a foreclosure?
  7. #7
    nextwife is offline Senior Member
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    Quote Originally Posted by ringmail22 View Post
    I am most certainly not on their mortgage or deed. It would make sense that probation would have a lien against his house since he has been in arrears for several years. But wouldn't a bankruptcy filing stop a foreclosure?
    Only temporarilly- if they filed a bankruptcy-surrender, the foreclosure would proceed a soon as a Motion for Relief from the Automatic stay were granted and the trustee abandoned the property.

    Likely you were simply named as a defendent because of your interest via the child support lien. I've been doing foreclosures for many years and have never seen one case in which funds were available from the foreclosurre sale to go towards the child support lien.

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