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.

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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.

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Answered on 2/25/09, 2:02 pm


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