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Can Foreclosure wipe out a secondary judgment lien on the property?
Wiki User
∙ 15y ago
A foreclosure wipes out any liens that were recorded subsequent to the mortgage. However, the lender must give notice to the IRS if a tax lien has been recorded against the property. If not notified the IRS has certain rights that may encumber the property after the foreclosure sale. Delinquent property taxes are not wiped out.
Wiki User
∙ 15y ago
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Can a judgment lien be placed on a property mortgaged by USDA-Rd?
A lien can be placed on any property, regardless of who holds the mortgage. In most cases the mortgage holder will be paid before a secondary lien holder.
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
Can a court overturn a deeds ownership rights?
Yes. A court can overturn a conveyance if there was fraud involved or if there are conflicting interests and one party has a stronger claim to the property. A court can transfer ownership of property through the foreclosure of a judgment lien, property tax lien, income tax lien, forfeiture, etc.
Judgment liens are what type of lien?
A Judgment Lien is a lien placed on property by a creditor to recover a certain sum of money granted by a judgment awarded in court. The property can not be sold legally while the lien remains unpaid.
Once you have a judgment filed how do you file a real property lien in Oklahoma?
That depends on the judgment, and type of original process. Guessing that you have a materalman's or mechanic's lien, you should just file a notice of Lien with the county clerk and send the required notices (Oklahoma Statute 42-142). You may check with a lawyer on this as most times a lien or its notice is not necessary if you already have a judgment, in most cases you then ask the court for an "Execution of Judgment" or "Foreclosure" to have the property seized and sold by the sheriff.
Quit claim to a family member to avoid forclosure?
Quit claiming title to a family member will not avoid foreclosure because the mortgage lien on the property has not been satisfied and the lender has a claim on the property. It will not cause the foreclosure proceedings on the property to cease and the lender will seek a judgment from the civil court.
Can you lose your home if you have judgments against you?
Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.
What is a foreclosure house?
Foreclosure is a civil lawsuit in which a bank, mortgage company or other lien holder seeks a court order to sell your property to satisfy a debt. If the court awards judgment to the lender, the lender can have the property sold at auction to pay off the mortgage debt.
Can a debt collector place a lien on a homestead exempted home?
In most cases a judgment holder can encumber a primary residence with a lien to the extent of the amount of the lien and/or non exempted amount of the property. Generally the homestead exemption protects the property from a forced sale for the debt owed. In addition there are several US states that do not allow the forced sale of a primary residence to satisfy a judgment creditor. Please do not confuse a judgment lien with foreclosure procedures, they are two entirely different matters.
What type of attorney can place a judgment lien?
The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
How do you collect a lien on property not worth as much as the lien?
In order to collect on the lien, you will need to see a real estate attorney and have the lien foreclosed. In some states, deficiency judgments are allowed (meaning that if the property is worth less than the lien, then any unsatisfied portion of the foreclosure judgment could be executed on other property of the defendants). See the phone book for real estate attorneys who give "free consultations."
Can a lien be put on your property for a tax judgment?
Yes.
