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Foreclosure is a process that begins when a borrower fails to make their mortgage payments. When a home is foreclosed upon, the lender typically repossesses and attempts to sell the house. This happens because mortgage loans are secured by real estate, meaning your home is used as collateral.
If you are unable to collect payment on a lien after filing the affidavit, then Texas Construction Law allows you to foreclose to enforce a lien. This action forces the sale of the property to pay creditors. Unfortunately, to foreclose a lien, a lawsuit must be filed. This involves more time and the Texas court system.
Florida law allows a one-year time period for filing suit to foreclose a construction lien. The one-year time period runs from the date on which the Claim of Lien was recorded. If suit is not brought within the one-year time period, the lien expires and becomes unenforceable.
What Is A Mortgage Lien In Real Estate? A lien is a legal right that gives an individual or entity a claim to a collateral property until the outstanding debt is paid off. If the debt goes unpaid, the issuer of the lien has the right to take the property back from the borrower.
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