Legal Question in Real Estate Law in California

if ther is a judgment against me and a lien on my house can they forclose


Asked on 1/22/10, 10:55 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, but there are some limitations on the creditor's right to take and use the foreclosure proceeds under the homestead and other exemption statutes.

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Answered on 1/27/10, 12:17 pm
Carl Starrett Law Offices of Carl H. Starrett II

It is theoretically possible, but often very difficult and expensive to do. The would need a court order and have to prove that there was enough equity in the home to justify a sale. If they couldn't pay off the senior liens and give you the amount of your homestead exemption, it would unlikely that they would try to sell. Instead, the would demand payment if you sold the house or tried to refinance. A local bankruptcy attorney might be able to help you remove the lien from your home.and get rid of this debt.

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Answered on 1/27/10, 12:25 pm
Terry A. Nelson Nelson & Lawless

They can levy and force sale, similar to a foreclosure, only much quicker. It is done only after the levy on your personal property, bank accounts, cars, wages, etc.

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Answered on 1/27/10, 12:56 pm


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