I read online that child support liens are treated as superior to primary mortgages in some states, even when the date incurred is after the mortgage, much like property tax liens or utility liens, which survive the foreclosure process.
Does anyone know if this is the case with child support in the state of Oregon? Assuming the defendants were properly served, would a child support judgement entered in at a later date than a foreclosing mortgage be wiped through the foreclosure process, or would it survive? Thanks!
not in my experience of buying around 500 court house steps properties.. but I have not bought one in a few years.. however I doubt things have changed..
although Oregon went to sherrif sales from trustee sales during the robo signing debacle that could be different..
the only thing I have seen survive in Oregon in property tax's and senior deferral ( got to watch out for that one its sneaky) and IRS liens.. which sunset in 120 days and I have never seen IRS redeem.
Thank you for insight, Jay. I recently passed up on a judicial foreclosure in part due to an outstanding senior deferral and IRS liens. That's helpful information.
Do you know if the senior deferral is sure to stay, or just sometimes? Any luck with negotiating deferral down after purchase? Do you have any tips in general for negotiating with lien holders (property tax/cities utilities/IRS) after purchase?
@Jay Hinrichs Do you think the same applies here in Texas ? how can i find out? I am going to go bid on a property here in Tyler Tx and i found a lien back in 2010 recorded for the Mr for around 10k and it says "attaches to all non exempt property" which the property i am looking to buy was his homestead up until 2017 in which it no longer is. Ive been pulling out my hair trying to figure out the answer if that child support lien will survive once it forclosed tomorrow. AOG is no help, they have me going in circles. I think now he owes like 60k in back child support i would hate for that to come on the property i purchase.
any help is greatly appreciated ?
NO clue in your state its state specific and can be county specific and city specific.. suggest you talk to attorney familiar with these.
or talk to title companies title examiner if you can get one to talk to you
@Jay Hinrichs I've PMed you a day or two ago. Very impressed with your knowledge and experience, and the notes you have for your investors sound interesting to me. I would love to get more info via a private message. Looking forward to it.