Can a small claims lien force foreclosure?

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Can a small claims lien force foreclosure?

My home is worth $160,000; the mortgage is $162,000. If a lien is placed on my home, can the lien holder force me to sell? The lien in for $7,500.

Asked on February 5, 2012 under Bankruptcy Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Normally the lienholder cannot force a sale, especially if they are in a second lienholder position. For example, here the entity that could attempt to challenge the lien itself, never mind an attempted sale is your lender/servicer. Just keep in mind that the $7,500.00 could be paid in other ways. You could allow wage garnishment or agree to payment plans. Most courts would approve either instead of a lien. Further, consider your expenses and see if there is anything you can do to lower your overall monthly expenses and reformulate some bigger debt so you can pay off these types of court adjudicated decisions quicker.


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