Legal Question in Real Estate Law in Texas

Foreclosure

What happens if a property is owned by a LLC and it goes into foreclosure.


Asked on 10/01/06, 11:40 pm

2 Answers from Attorneys

Charles White Charles G. White

Re: Foreclosure

Like any other foreclosure, the property will be sold to the highest bidder, and the proceeds of sale will be applied to the debt which the property secures. If after payment of the debt and expenses of sale, any amount remains, the surplus will be paid to the debtor (the LLC in your case).

Very frequently the secured creditor will bid all or part of his debt at the sale. If his bid is the highest bid, the the property will be deeded to him (or assigned to him if other than real property).

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Answered on 10/02/06, 12:15 am
Cheryl Rivera Smith The Smith Law Firm

Re: Foreclosure

If the cost of liquidating the property does not cover the debt, the LLC and any guarantors of the debt may be liable for a deficiency judgment.

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Answered on 10/02/06, 10:10 am


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