Articles Tagged with Lien

Notice of Foreclosure image for Blog Can someone foreclose on a property during a partition action? Underwood Law FirmWhile the brief answer is “yes,” the issue is a bit complicated, like many things in the real estate litigation world. 

Who is a proper party to a partition action? 

Generally, any person claiming an interest in a piece of real estate must be joined in the action in order to fully settle all issues with respect to that property. If a person is not joined, then the court case is not binding, or res judicata, with respect to that person. As such, a partition action includes not only all title owners, but also any companies claiming a mortgage interest. 

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