Legal Question in Civil Litigation in California
can a creditor with an unsecured credit card balance foreclose on my residence.they
have a judgment and filed a lien on the property approx five years ago.
Asked on 7/27/10, 5:22 pm
3 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
With a judgment, they can record a lien against your property and then move to foreclose on the house. It is automatically homesteaded so they might not be able to foreclose because of a lack of equity in the house.
Answered on 8/01/10, 6:37 pm
Anthony Roach
Law Office of Anthony A. Roach
It's not foreclosure, so much as it is what is known as an execution sale by the Sheriff, pursuant to a writ. But to answer your basic question, yes your house can be sold out from under you, to satisfy a judgment.
Answered on 8/01/10, 8:55 pm