Legal Question in Real Estate Law in Texas

Re: Purchase of foreclosure property, with Abstract Judgement

It will unless it is prior to the lien being foreclosed.

Re: Purchase of foreclosure property, with Abstract Judgement

1. If the holder of the judgment lien is doing the foreclosing, then the judgment lien will have no further effect.

2. If the foreclosing is being done by the holder of a prior lien (superior lien) such as a mortgage, the foreclosure of the superior lien will effectively wipe out the judgment lien.

3. If the foreclosing is being done by a subsequent lien (such as a later filed mortgage lien), the purchaser of the property buys the property still subject to the judgment lien.

4. If the foreclosing party is a tax district foreclosing on an ad valorem tax lien, then the judgment is wiped out.

REMEMBER: If a judgment lien is wiped out because of the foreclosure of the judgment lien, or a superior lien or an ad valorem tax lien, the unpaid portion of the judgment debt is not affected, and is still owed.