Junior Judgement to Foreclosure

Asked about 2 years ago - Minneapolis, MN

I took a lady to small claims court and put a judgement against her. I received a letter that her house is in foreclosure and it lists the Plaintiff (Plaintiff) myself with a couple other names (Defendants) on the sumons. When the house gets sold and the debt of the house is paid, if there is any money I will get paid right? Can I do anything to secure I get my money or is this a loosing battle for me?

Attorney answers (2)

  1. Stephen P. Orchard

    Pro

    Contributor Level 10

    Answered . In theory, yes, if there is anything left over from the sale you will be paid. Unfortunately in nearly all foreclosure sales now there is nothing left to go around and, in fact, the foreclosing lender typically ends up receiving much less than it is owed.

    If you really want to collect on your judgment you will be better served to hire a collection attorney to collect the judgment using other means such as garnishment of accounts or wages. Be prepared to spend some money on your attorney in collecting the debt. Best of luck.

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you... more
  2. Michael S ('Mike') Hagen

    Pro

    Contributor Level 12

    Answered . I agree with Attorney Orchard that it is unlikely that you will be paid out of the foreclosure sale proceeds and that other collection tactics would be much more likely to succeed.

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