leins

[layna_9]

south dakota
I am considering a lien on my ex-husbands house for unpaid child support in excess of $18,000.00, was wondering since his house is in his name but the mortgage is in someone else's can I still do this?

 

[mistoffolees]

south dakota
I am considering a lien on my ex-husbands house for unpaid child support in excess of $18,000.00, was wondering since his house is in his name but the mortgage is in someone else's can I still do this?

It is possible to attach a lien to someone's property even if someone else is on the mortgage. The mortgage will, of course, have priority.

That begs the question of whether you're going to be able to place a lien at all.

 

[LdiJ]

It is possible to attach a lien to someone's property even if someone else is on the mortgage. The mortgage will, of course, have priority.

That begs the question of whether you're going to be able to place a lien at all.

A lien can be placed even if there is no equity now. The lien would just sit there until/if the house is ever sold. It may be however that the lien would never result in any actual recovery of funds...or might not result in any recovery of funds for many, many years.