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Category: FL Real Estate
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Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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Can a judgement lien holder foreclose and take possession of

Customer Question

Can a judgement lien holder foreclose and take possession of a property with a first lien in place in the state of Texas?
Submitted: 1 year ago.
Category: FL Real Estate
Expert:  MIAMILAW1127 replied 1 year ago.

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Expert:  MIAMILAW1127 replied 1 year ago.

To answer your question concisely, yes. A judgment lien holder can foreclose and take possession of a property subject to the senior interest lien. If the senior interest lien then forecloses, it will extinguish the junior lien interest.

The only time that this cannot happen is if the property is your homestead.

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