What is the difference between a lien and a lien foreclosure?
A lien and a lien foreclosure are two distinct processes within real estate litigation law in California. A lien is a legal claim that one person or entity holds against another person’s or entity’s property. A lien is typically granted when a debtor fails to pay back a debt. A lien can be satisfied in two ways: by obtaining a court order to pay it off, or by transferring the title of the property to the lienholder. A lien foreclosure is the process of selling a property to pay off a lien that is unpaid. In California, the holder of a lien must apply to the court to have the lien foreclosed, and the court will determine whether or not to allow the lien to be foreclosed. If the lien is granted by the court, the property is either auctioned off at an auction or sold at a private sale. The proceeds from the sale are then used to pay off the lien, and any remaining money is given to the debtor. In conclusion, a lien is a legal claim that one person or entity holds against another person’s or entity’s property, while a lien foreclosure is the process of selling a property to pay off a lien that is unpaid. Both processes are governed by real estate litigation law in California.
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