Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Can the federal court force sale of my home to satisfy

Customer Question
restitution? I bought the home...
Can the federal court force sale of my home to satisfy restitution? I bought the home with funds that were not part of any crime. The order of restitution is from 1999, and I bought the home in 2014. The outstanding restitution is 361,000 (interest has compounded). My home is worth 321,000
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/17/2015
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
Verified

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?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
the court ordered restitution, I was not behind on payments, but the u.s. attorney issued a citation to discover assets and found recently acquired funds, including title to my home. There is a motion for garnishment for my bank accounts.
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 2 years ago
Please let me know whether there will be additional charges for the phone conversation.
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago

I do not offer any type of telephone consultations, so please disregard the offer that website automatically generates for every customer and let communicate through the website.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago

Thank you for your follow up.

Did you purchase the house, while there was an active garnishment order on your bank accounts?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
ok
Customer reply replied 2 years ago
the home is my primary residence.
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago

Did you purchase the house, while there was an active garnishment order on your bank accounts?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
no, prior. the motion garnishment is to be heard 9/25. I purchased the apt. last year.
Customer reply replied 2 years ago
Motion for garnishment is scheduled to be heard 9/25, as well as contempt punishment (transferring beneficial interest in the land trust to my brother after I received citation to discover assets) to have my brother or I ordered to reinstate me as beneficiary. (I know I'm repeating myself. I apologize.)
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago

Thank you for your follow up.

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!

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Thanks
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 2 years ago

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Ask Your Own Real Estate Law Question
Ask Alex Esquire Your Own Question
Alex Esquire
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Real Estate Law Mentor

Alex Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If an HOA over budgets what can the directors do with the
if an HOA over budgets what can the directors do with the excess funds at the end of the year … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Have a neighbor where they have their security camera
Have a neighbor where they have their security camera pointed where it is looking directly in our backyard. Also to note our houses are at different levels, where when they walk in between the houses,… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
I have a foreclosure against me. How can I put it on pause?
I have a foreclosure against me. How can I put it on pause? It will go to auction if I do not have the cash. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My brother has a house He is going to lose because he can't
My brother has a house He is going to lose because he can't pay the taxes. He wants to sign it over to one of his siblings (6 of us) if we pay the taxes. All 6 of us are willing to go in and split tax… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
When I send the email that you were so kind to help me with,
When I send the email that you were so kind to help me with, How much time do I have to vacate the premises? Am I still entitled to pay rent when Im not staying here because I don't feel safe and secu… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I'm a seller of a residential home of 7234 jarnecke av,
Hi I'm a seller of a residential home of 7234 jarnecke av, Hammond ind,46324. I own it free and clear, i had a contractor make an offer out of the blue, assuming because we're fighting tear down board… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
How much does it cost if I wanted to do a background search
hi, how much does it cost if I wanted to do a background search to find out what liens are on me that would have to be paid before I can close on a real estate transaction? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Selling a parcel of land in Nevada, received documents from
selling a parcel of land in Nevada, received documents from title company, I am looking to seek advice, and add additional legal specifics to documents before moving forward, closing is at hand. thank… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Ray Someone from Irwin Law (did not give name) called
RaySomeone from Irwin Law (did not give name) called 415-202-563* came back caller ID San Francisco called me yesterday and said I requested a telephone conference call from Just Answer them. I did no… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Real estate agent UNDERSOLD my house by maybe 60k. Marylamd.
real estate agent UNDERSOLD my house by maybe 60k. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
In county Illinois, how do you have to vacate once a home is
Hello, In cook county Illinois, how long do you have to vacate once a home is sold from an auction? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
My husband has a house in Oklahoma City that he moved out of
My husband has a house in Oklahoma City that he moved out of when we got married in 2014 and moved in my home. The house stayed empty until march 2017 when he let his daughter move in and she stayed u… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I live in kettering ohio. I signed a lease to rent a home
hi, my name is larry, I live in kettering ohio. I signed a lease to rent a home for my family and myself for 1 year , about a year ago. feb, 12th 2017. at the time, they did a credit check on me as we… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Barrister, Just figured out one thing. The 2st federal tax
Hi Barrister, Just figured out one thing. The 2st federal tax lien is for unpaid 2008-2012 unpaid 1040 tax and the 2nd is for unpaid 2013-2014 unpaid 1040 tax. I believe there will be another lien com… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Need a new expert. All the ones you selected were no good.
Need a new expert JA: What state are you in? It matters because laws vary by location. Customer: All the ones you selected were no good JA: Has anything been filed or reported? Customer: cT JA: Anythi… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
My sister passed away in September, 2017. We found out she
My sister passed away in September, 2017. We found out she owned a Timeshare, in her name, with me listed as nearest relative. The timeshare is paid for, but annual fees are due. None of the family in… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
Well i trying to move out of my place and the manager from
well i trying to move out of my place and the manager from where i live is making it impossible … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
If my home has been sold at a foreclosure sale can I still
If my home has been sold at a foreclosure sale can I still catch up back payments in Arkansas and keep my home… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x