Judgment Lien Foreclosure In San Antonio
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FAQ
What Do You Do When There Is A Judgment Lien On Your Property, But The Judgment Has Expired? Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years.
(Be aware that foreclosures eliminate liens, not debts. The second mortgage holder might sue you, or the judgment lien holder might put a lien on other property you own or try to collect the debt you owe by garnishing your wages or levying your bank accounts.)
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
It shows up on your credit report as well as on any background checks. The judgment is considered a lien against your property, including any real estate that you have, in the state in which the judgment is filed.
In Texas, there are three ways in which a lienholder can foreclose on a property: Judicial Foreclosure. A judicial foreclosure requires the lienholder to file a civil lawsuit against the homeowner. Non-Judicial Foreclosure. Expedited Foreclosure. Court Rules.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. However, the second mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
