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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I HAVE A JUDGEMENT AGAINST A 1/1O OWNER OF A HOUSE. I

Customer Question

i HAVE A JUDGEMENT AGAINST A 1/1O OWNER OF A HOUSE. I PREVENTED A PARTY WHO HAS A RIGHT TO REMOVE ALL LIENS AND JUDGMENTS AND POSSESS THE HOUSE THAT PARTY PAID BACK TAXES. THE PREVENTION CONSISTED OF PAYING TAXES OF $ 7.500 AND $5,000 IN LEGAL BILLS. i ALSO HAVE A DEED OF TRUST FOR $ 5,000 AGAINST ALL THE OWNERS. DO I HAVE THE RIGHT TO RECORD A LIEN OR JUDGMENT AGAINST ALL OWNERS FOR THE $ 12,500 ? I WANT TO FORECLOSE AND MAKE SURE THAT I WILL GET BACK FOR SURE THE $ 12,500.
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You are going about this the wrong way. A "foreclosure" occurs when a party is unable to pay the mortgage, and the lender forecloses on the property and sells this at auction.

If you have a judgment, then the process is not a "foreclosure," per se. What happens is that the creditor (i.e. you) attaches the property as an asset towards satisfaction of judgment. Unless the property is homesteaded or exempt, it may be sold at auction towards judgment. This is a very complicated process and counsel is recommended for this.

DO I HAVE THE RIGHT TO RECORD A LIEN OR JUDGMENT AGAINST ALL OWNERS FOR THE $ 12,500 ?

A lien can be recorded against any titled property that belongs partially or wholly to the Defendant. A lien is another step to have the Defendant comply and pay the judgment, because with the lien, the Defendant is practically unable to sell that property. The lien is attached to the property, not the owners.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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