Legal Question in Real Estate Law in Connecticut

Foreclosures can be complicated situations. In answer to your question, in a foreclosure action, the plaintiff is the party filing for foreclosure, and everyone else who has an interest in the property (e.g., lienholders and property owner) are the defendants. (So, yes, it seems weird at first. Maybe that makes more sense.)

In answer to your second question, the foreclosure action will wipe out all junior liens. Certain liens are superior, e.g., federal tax liens, and those would stay after the foreclosure. I would have to look at the property records to be sure of the superiority of the liens on this specific property. But, yes, government liens (including child support liens) are generally superior over mortgage liens and would stay with the property after foreclosure.

However, some good news. Foreclosing mortgage holders do not like to own properties. They are in the business to lend money, not own properties. So, if this foreclosure has been going on for awhile, I would suggest retaining an attorney who can negotiate on your behalf and see if he/she can get the lien removed. It's not guaranteed, but it's worth a shot. It sounds like you would like to buy this property and are concerned about the liens staying on the property after foreclosure. If this is the property you absolutely want, it might be worth retaining an attorney to see if you can get the liens removed. (If you are asking because you are the property owner who is responsible for the child support, the liens will follow you. That debt stays with you, and the government will continue to lien your property as you acquire it, until they are paid.)

Best of luck! Let me know if you'd like additional information. I offer a free initial consultation to new clients.

Attorney Diana L. Bartolotta