[ISBA RealEstate] Restitution Ordered in Criminal Case

Question about rights of listed victim in Criminal Judgment.

I am surprised that I have not seen this situation ...

John owns real property, Bank has lien and mortgage is filed (2013).
Later, John gets convicted of a crime and a judgment is entered. John is sentenced.
The criminal Judgment Entry (2015) requires payment of fine, surcharge etc., and also restitution to Victim "Vicki"...
Later yet (2016), Bank begins foreclosure on John's real property, serving all ordinary parties; however, Vicki "the victim" is not served or named -- the State of Iowa, as listed plaintiff in the Judgment Entry was served and named as a defendant.
Foreclosure is completed and Sheriff deed is delivered (2018).
Abstract lands on my desk for review :)
I contacted Vicki and Restitution is not fully paid but being paid pursuant to Probation...

Obviously, John has an obligation to pay Vicki (enforced by the State), but did the criminal sentence/judgment create an independent judgment lien right in Vicki wherein Vicki would need to be served and named in the foreclosure lawsuit?

Thanks in advance for your thoughts.

Ryan Mohr

Ryan A. Mohr

Law Offices of

PHIL REDENBAUGH, P.C., RYAN A. MOHR & BRETT C. REDENBAUGH

Telephone: 712-732-1873

Fax: 712-732-4274

Email: ryan@redenlaw.com

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