Foreclosure Auction- Divorce Judgment

[Tim Herrick]

I am looking into a bank foreclosed auction property (Auction.com) in New York. In my research I see that there is an active $68,000 divorce judgment in 2021 against the husband who was foreclosed upon. The husband and wife owned the house together, the foreclosure process started in 2018, and officially was foreclosed upon in 2023. If winning the auction, am I responsible for this $68,000? I suspect no, but cannot seem to find an answer online. I plan to contact a real estate attorney if I determine that I am serious about the property but any insight would be appreciated as I am learning more about liens/title. Thanks.

[Ron S.]

You would be responsible for any line in front of the foreclosure. Any lien recorded after the lender's lien is wiped out. The exception would be IRS liens and/or tax liens. The IRS liens will sunset if not exercised but the tax liens will stay.  It's doubtful a divorce judgment would be in front of the lender's lien but not impossible.