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  1. #1
    Join Date
    Sep 2016
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    Default Can Your Home be Take Over Unpaid Restitution

    A defendant has a six figure order for restitution out of California. The victim was compensated by his insurance company, so the insurance company gets the restitution. The defendant has purchased real property in another state. If they don't pay the restitution, is it possible for the insurance company or the state to try to foreclose against the home based upon a lien from the restitution?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can Your Home be Take Over Unpaid Restitution

    No lien that would be enforceable through the courts of a different state will automatically attach through a restitution order, so the homeowner would get advance notice of any attempt to attach a lien on the out-of-state real estate. California law permits execution to enforce a restitution lien against real estate, except if the real estate is the defendant's primary residence. See California Penal Code, Sec. 1202.42.

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