Legal Question in Real Estate Law in California
forced sale by lien holder in state of california
My mother currently is the lien holder of my father's home for back-owed child support. Can my mother force sale if this is his primary residence, or can the courts order it?
2 Answers from Attorneys
Re: forced sale by lien holder in state of california
I have to assume that by lien-holder, you mean she holds a judgment lien, and that it is not a consentual, voluntary lien. As such, there are a number of rules that come into play, and would require a thorough review of all the facts before a determination could be made that she could in fact force a sale. I would suggest that you need to consult with a qualified real estate attorney to review all the facts and help you determine your best course of action. Also understand that in many counties, the District Attorney's office has a child support collection enforcement unit, and you may be able to get a lot of work done for free utilizing their services.
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Re: forced sale by lien holder in state of california
The holder of a judgment lien can bring an action to enforce the lien. Enforcement can result in a sale of the home. The process is not simple, but it is used, and judgments for child care debts are given priority.