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Can the federal court force sale of my home to satisfy

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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
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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: 16,902
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
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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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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.

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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?

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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?

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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!

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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.

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