Legal Question in Real Estate Law in Texas
Property Leins on Land
I thought that if you put property in someones name and placed another person as a lein holder, that the property could not be sold unless the lein was satisfied first. Am I correct?
Asked on 2/25/09, 10:23 am
2 Answers from Attorneys
Scott Riddle
Law Office of Scott B. Riddle, LLC
Re: Property Leins on Land
Aside from the vague question that makes it impossible to answer, issues of loans, liens and the ownership or sale of property are controlled in part by the contracts and documents.
Answered on 2/25/09, 10:36 am
Cheryl Rivera Smith
The Smith Law Firm
Re: Property Leins on Land
Not true. The property can be sold "subject to" the lien. The deed of trust may have an acceleration clause which allows the lienholder to demand payment if the property is sold. To see if the lien can be accelerated, you will need to read the deed of trust.
Answered on 2/25/09, 2:02 pm