Legal Question in Real Estate Law in California

I lost my home to foreclosure due to the fact that my Ex husband got into trouble in 2003, went to jail and received a $350,00 fine from the US Government and they put a lien on my house. It was sold in a foreclosure and there is $121,000 in surplus funds which the government is saying they get even though I have a declared homestead I put on the house when I purchased it in 1995. Am I protected against this type of lien. I know you are not protected against Mechanic Liens, Child Support or Alimony, but this is just a judgement against him.


Asked on 9/18/12, 2:07 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If it's a tax lien your homestead exemption is not going to protect you.

Read more
Answered on 9/18/12, 3:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, if it is a judgment in favor of the United States Government, whether or not it has to do with taxes, the state-law homestead exemption probably doesn't apply, thanks to the "Supremacy Clause" of the U. S. Constitution.......see United States v. Rodgers (1983) 461 U.S. 677.

Nevertheless, I'm puzzled by references in your question to "my home" and "ex-husband." If it were YOUR home and/or he was your EX at the appropriate times in the sequence of events, there should have been no lien and no foreclosure.

Since there are rather large sums of money at stake, maybe, just to be sure, you should give LawGuru, or me privately, an opportunity to review ALL the facts. It would be helpful if you could give us (or me) a COMPLETE chronology, including at least:

1. Date the house was acquired. 2. Date of any change in title. 3. Name or names on the title as of (1) and (2). 4. Date of marriage. 5. Dates of separation and of divorce decree. 6. Date and nature of the Federal action against your ex. 7. Date(s) and nature of the events charged or alleged in the Federal case. 8. Date and essential details of the judgment. 9. Date abstract of judgment recorded in your county. 10. All basic information rerlating to the foreclosure action, including dates, identity of foreclosing party, county and assessor parcel number of the property. 11. Any other facts necessary to understand what's happened.

Read more
Answered on 9/18/12, 4:23 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California