Child support lien in a foreclosure, attached to house or follow obligor?
I have been advised that the child support takes precedence and the bank cannot foreclose, nor can the home be sold without first satisfying the child support lien. Further, I have been advised that the lien is "attached" to the house rather than the ex and will have to be paid by the 1st mortgage bank unless they choose to release the mortgage altogether, in which case I have no idea what would happen.
I was actually considering waiving the portion of back child support that is not claimed by the state to the extent that I can because of my role in the circumstances surrounding this situation. The ex has no property in his name nor income and if the lien follows him there would be no chance nor desire on my part to collect. Does anyone know if (1.) the lien is actually attached to the house? and (2.) may actually be paid by the bank?
Short sale offer of $40K was a miracle to begin with (by local neighborhood redevelopment nonprofit). To say house is even valued at $40K at this point is a long shot.