Results 1 to 2 of 2
  1. #1

    Default Can the Holder of a Restitution Order Seek Foreclosure of the Defendant's Property

    My question involves bankruptcy in the state of: IA

    Hello,

    About 10 years ago I was convicted of vandalizing a duplex willed to my mom but "expropriated" by my uncle by way of joint tenancy deed. I was ordered to make restitution for about $95,000. After completing a 8 month jail sentence the nice doctors in the jail (LA County) helped me get on SSI (the court has refused to budge on restitution so work seems pointless).

    I have been off probation for about 5 years but the judgement is still there (I never paid any of it and have always fought my case). I recently purchased a farm house in Iowa (the house is fully mortgaged) but what would happen if someone tried to collect on the judgement? Would someone still be able to foreclose on my property even with a mortgage?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can the Holder of a Restitution Order Seek Foreclosure of the Defendant's Propert

    Quote Quoting Iowa Code, Sec. 910.7A Judgment -- Enforcement.
    1. An order requiring an offender to pay restitution constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.

    2. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate, or any other beneficiary of the judgment in the same manner as a civil judgment.
    Exemptions from collection are summarized here ("Up to specific maximum values, exempt property generally includes your home, household furnishings....").

    1. Sponsored Links
       

Similar Threads

  1. Establishment: Can a Criminal Defendant Seek a Restraining Order Against the Complainant
    By elleandres in forum Orders of Protection
    Replies: 9
    Last Post: 11-13-2014, 12:09 PM
  2. Victims Rights: Can a Victim Have a Defendant's Bail Money Applied to Restitution
    By al in socal in forum Criminal Procedure
    Replies: 4
    Last Post: 10-14-2014, 03:41 PM
  3. Foreclosure: Listed As Defendant in Foreclosure for Property I Don't Own
    By Mary Brown in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 02-28-2013, 07:57 AM
  4. Foreclosure: As a Second Note Holder Can the Primary Note Holder Cut Me Out of Foreclosure
    By Ozlowe in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 05-15-2012, 10:32 AM
  5. Civil Procedure Issues: Should a Lawyer Seek Recusal of the Judge if He's a Defendant in the Same Court
    By luminous in forum Civil Procedure
    Replies: 1
    Last Post: 02-04-2011, 08:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources