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Question
Someone owns a house valued around $70k in arizona. Does NOT have a mortgage on it, and rents it out, and they themselves live in another state renting an apartment.

Can a debt collector force a foreclosure or sale of the home to satisfy a judgement?  Or can they just put a lien on it?

It's credit card debt, fairly small amount.

Answer
The answer is.... Both.

The Judgment automatically becomes a lien. Since there are no other liens on the house, the Judgment is the first lien. Armed with that knowledge the lienholder can start foreclosure proceedings.

Arizona law protects the first $150,000 of home equity for principal residences against creditors. Had this been the person's principal residence it would be safe from creditors. Since it is investment property it is available to creditors.

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Steve Katz

Expertise

Debt Collection, Credit Reporting, FCRA, FDCPA, TCPA issues

Experience

Founder of Debtorboards, co-author of Debtsmanship, former Collector, Credit Counselor

Education/Credentials
MBA

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