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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
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Experience:  Real Estate Attorney
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We have a 6 acre property - the home and 1 acre have lien and

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We have a 6 acre property - the home and 1 acre have lien and is in foreclosure. We own the other 5 acres clear. The property cannot be subdivided. Can the lienholder force sale of the whole property and if so can we be paid for our 5 acres?


Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.


I'm sorry to hear about your situation. I know this is a stressful situation. I hope my answer will help clear up the uncertainty about what they can and cannot do. First, they would have to foreclose on the 1 acre tract with the home on it so that they have title/record ownership of that 1 acre. Then, if they wanted to sell it, they would have to file an action for partition by sale (since it could not be physically partitioned according to your statement). Thus, through the court action to partition by sale, they could force the sale of the entire 6-acre tract. However, you would be entitled to the net sale proceeds for the 5 acres that you do own free and clear.


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