Real Estate Law
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Hello. My name is***** will be happy to answer your question.I am sorry to hear about this unfortunate situation.
Did the court order restitution payment plan and are you delinquent on the payment plan?
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Thank you for your follow up.
Did you purchase the house, while there was an active garnishment order on your bank accounts?
Unfortunately, under the current law, the Department of Justice can garnish / seize any assets from the convicted person who is subject to criminal restitution that are acquired after the restitution was ordered, regardless of where the funds to purchase the asset came from, as long as, the person who owed criminal restitution has actual or constructive title in such asset.
Primary residence would only be protected in some cases, if it was purchased prior to the restitution order and was purchased with the legitimate funs which were not subject to criminal proceeds.
It would be a good idea to hire an experienced local attorney who specializes in issues related to criminal restitution and hopefully this local attorney would be able to find an option to protect your newly purchased primary residence.
I am sorry to give you the bad news and wish you the best of luck!
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