Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can a secondary lien holder force a sale of Property in

Customer Question
Can a secondary lien...

Can a secondary lien holder force a sale of Property in Texas

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
11/28/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,435
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. Generally, a secondary lien holder can force a sale of property in TX. However, the problem is that the secondary lineholder is going to be 2nd in line to the primary lienholder. This means that the primary lienholder would get paid first from the sale and the secondary lienholder would get paid second. Thus, it is usually not in their best interests to force a sale unless they have a reasonable assurance that they would be paid. What other questions did you have for me?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
If i file a foreclosure on a property in texas and the
if i file a foreclosure on a property in texas and the person i had sold the property to has a lien does that lien stay with property or does it follow the person i sold the property to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
Can a secondary lien holder foreclose on a home if the first
Can a secondary lien holder foreclose on a home if the first has not? If the secondary lien holder foreclosed on the home and it went up for auction is it in legal standing if purchased?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
Would the new buyer receive all of the information in
Would the new buyer receive all of the information in regards ***** ***** first lien when they purchased the home from the secondary lien holder. I ask this because the new buyer asked us to give him … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
I am trying to buy some foreclosure houses at court step when
I am trying to buy some foreclosure houses at court step when banks forecloses houses every first Tuesday of the month with auctions in Texas . Since bank is the mortgage holder (the first lien holder… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
hello, in october 18 2013 i bought the association dues for
hello, in october 18 2013 i bought the association dues for one the codos at a sheriff's sale, and a sheriff's deed on association dues/ fees sale was issued to me. now the six month redemption period… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
I bought a property deed from foreclosure auction by the HOA
I bought a property deed from foreclosure auction by the HOA done by the county. The deed still has a mortgage lien but their foreclosure case got dismissed, (not sure why). Do I have any superior rig… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
In a short sale, if it turns out that there are abstracts/liens/judgments
In a short sale, if it turns out that there are abstracts/liens/judgments that the title and escrow companies and banks miss, but otherwise exist, and the house is sold, what happens? Do the liens sti… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I currently own a commercial property in Illinois that was
I currently own a commercial property in Illinois that was listed in the debts of my chapter 7 bankruptcy. Filed for bankruptcy in 2010, and I have not been discharged yet. The bankruptcy trustee did … read more
Thomas McJD
Thomas McJD
Doctoral Degree
18 satisfied customers
Since the single loan purchaser bought only one loan, can
Since the single loan "purchaser" bought only one loan, can we the family purchase the second loan since it's due to be sold on Dec. 7th? The family contacted me a short while ago.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I want to make a bid in a tax sale. The county say it is unimproved,
I want to make a bid in a tax sale. The county say it is unimproved, but I am certain that about a third of the neighbor's house is on the lot. I want this lot in order to expand my primary residentia… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Foreclosure in Texas - rights of lienholders. If the bank
Foreclosure in Texas - rights of lienholders. If the bank is the 1st lienholder, what rights do the 2nd and subsequent lienholders have in a subsequent foreclosure and sale? If the 2nd lienholder obta… read more
Loren
Loren
576 satisfied customers
Ladies, Gentlemen, Good Afternoon. In October 2009, my
Ladies, Gentlemen, Good Afternoon. In October 2009, my father died, and he died intestate. He is the mortgagee on a piece of property [a two family duplex] in Tampa. Florida. The mortgagor is not in c… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am interested in bidding on a trustees sale foreclosure of
I am interested in bidding on a trustees sale foreclosure of a residential condo in Phoenix, AZ. I have done some research through the recorders office and found that there are 2 deeds of trust on the… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
If an individual holds a second mortgage lien and a bank holds
If an individual holds a second mortgage lien and a bank holds the first lien and both are past due several months can the second mortgage lienholder (individual) foreclose on the property with the co… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
in a nonjudicial foreclosure by a junior lien holder: what is their bid at sale?
What I am asking is this: junior lien holder in 3rd position foreclosure in the amount of $45,000. does the highest bid have to be higher than what is owed in that lien? ie, greater than $45,000. ....… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My home was foreclosed on in 2005. The priXXXXX XXXXXen holder
My home was foreclosed on in 2005. The priXXXXX XXXXXen holder bought it at the foreclosure sale. The secondary lien holder was notified of the foreclosure. The secondary lien holder then sold the pro… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Im thinking of defaulting on a loan for a manufactured home
I'm thinking of defaulting on a loan for a manufactured home in texas. The home is not tied to the property. Can the lien holder garnish wages or force the sale of the property to settle?… read more
M. Kennedy
M. Kennedy
Attorney
Juris Doctorate
483 satisfied customers
Protecting my self from judgement from equity line of ...
Protecting my self from judgement from equity line of credit used to fix up investment property, then the market turn downward and we ran out of money to pay both equity line and the 1st mortgage. The… read more
Bill F.
Bill F.
Associate Degree
1,110 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x