Legal Question in Real Estate Law in Texas

Home Lien

There is a lien on my property. If it forecloses, will the lien go away? Or can they still come after me with garnished wages or something?


Asked on 11/18/06, 11:37 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Home Lien

In Texas, they may be able to come after you if there is a deficiency on the mortgage. In California or Arizona they can't.

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Answered on 11/20/06, 7:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Home Lien

Is the property in Texas? If so, Texas law applies and I don't know the answer. If the property were in California, I'd have to ask "what kind of lien?" If it's a judgment lien or a lien for income taxes, it will follow you around. If it were a lien of a purchase-money deed of trust, the creditor's only recourse would be against the property, i.e. the proceeds of foreclosure.

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Answered on 11/18/06, 12:10 pm


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