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Updated over 6 years ago on . Most recent reply

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Maugno M.
  • Flipper / Landlord
  • Tyler, TX
126
Votes |
255
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Does Child Support lien stay on after mortgage forclosure ?

Maugno M.
  • Flipper / Landlord
  • Tyler, TX
Posted

Evening BP. Ive been eyeing a property I want that will be foreclosed at the court house steps by a trustee. I was looking at the county records and here is what I discovered.

-his wife deeded her interest on the property over to him about 9 years ago. deed reference their marriage and cause #. and in the interest of their children??

-8 years ago a lien for about 10k from child support. Lien says it attaches to any personal and real property not exempt. It says something about expiration in a certain year that has already passed

Wells fargo is the beneficiary. Looks like they have done about 3 substitute trustees throughout the years and 2 years ago, they assigned the deed of trust to another company. 

has anyone dealt with any of this ? Child support gets wiped out with the foreclosure or sticks ?

Most Popular Reply

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Greg H.
  • Broker/Flipper
  • Austin, TX
4,245
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Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

My understanding is that a child support lien only attaches to non-exempt property.  Therefore , it would not even attach to a homestead in Texas.  It would not survive a foreclosure

Secondly, it looks like it expired anyway

The Substitute Trustee are all just administrative and mean nothing to you anyway.  Loans transferred and just about all foreclosures have a substitute trustee

  • Greg H.
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