Court Voids Deed Lien

Summary

In Texas, if a court voids a deed of trust lien and issues a judicial fiat, the bank generally needs to challenge both actions on appeal. If the appellate court reverses and remands without addressing the lien release, the recorded release might still be legally binding unless explicitly overturned. A later foreclosure with the release still recorded and no mention of the appeal court judgment could raise questions about the foreclosure and substitute trustee deed. Consulting with a Texas attorney is advisable for specific legal advice and to explore possible challenges.

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Not Florida but Texas
Got it, ****. Could you please tell me what specific legal issue you're facing in Texas? That way, I can provide you with some relevant information.
If a court void the bank deed of trust lien on my house and signed a separate judicial fiat releasing the lien, must the bank challenge both items on appeal?
In Texas, if a court voids a deed of trust lien and issues a judicial fiat releasing the lien, the bank generally needs to challenge both actions on appeal to preserve their interest. It's crucial to consult with a Texas attorney for specific legal advice.
What if the bank failed to challenge the release of lien and the appeal court reversed and remand the judgment without addressing the release of lien. Is the recorded release of lien still legally binding?
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If the appellate court reversed and remanded the judgment without addressing the release of lien, the recorded release might still be legally binding unless explicitly overturned. However, the specifics can vary, and it's important to consult with a local attorney in Texas for precise legal advice.
Would a later foreclosure on the property with the release of lien still in the property records and no mention of the appeal court judgment in the property records may the foreclosure questionable and substitute trustee deed questionable?
Case Rating: *
In general, if the release of lien is still recorded and the appeal court judgment is not mentioned in the property records, it could raise questions about the foreclosure and the substitute trustee deed. The specifics can depend on local laws and procedures, so consulting with a Texas attorney is advisable to explore possible challenges.