yes you can put a lien on anythig but if you are on the deed you are an owner,so yes u can put a lien on the house * It might be possible to sue the joint owners (not a spouse) and is a judgment is awarded place a lien against their share of the propery. It depends upon how the property is titled, (Joint Tenants, Tenants in Common, Joint Tenants With Rights Of Survivorship). Nevertheless, taking such action makes no sense whatsoever, the joint owner would be attaching his own property share as well as that of the other(s). A lien encumbers the property it cannot be sold, refinanced, transferred, borrowed against or in any manner distributed until the lien is satisfied. If the purpose is to recover a debt owed by one of the joint owners the better option is to sue in for a monetary judgment, thereby avoiding all the problems that are associated with attaching a lien, perfecting it, forced sale issues and so forth.
Yes, if you're obligated under the loan there is typically a pledge of assets or a security agreement that reaches something of value, thus permitting the lender to collect its money directly rather than suing you for default. You could have a lien placed on anything you own or just about any source of income (wages, rental income, stock dividends, tax refunds, etc).
You should look into Homestead Act, in Massachusetts, you can claim a house as a homestead, as long as it's value is below $500,000, and you live there. This would protect your home from having a lien put onto it in order to satisfy a personal debt. Clarification: I have seen many cases where a married person is the sole owner of real estate and the lender requires their spouse to also sign the mortgage, especially in the cases where the sole owner is a woman. If the non-owner spouse has a judgment entered against him, it will not attach to the real estate individually owned by his wife.
If you are not the record owner of real estate and a lien has been recorded against you in the land records it would not be a lien against the real estate. However, there may be other factors involved if you are calling it your home and also saying you are not the owner. If you conveyed the property to avoid a creditor it may still be able to attach the property. You may need to seek the advice of an attorney. Once a judgment is issued the interest begins to accumulate.
First you would need a legitimate reason to make a claim against the owner. You would need to bring an action in a court of jurisdiction and provide the judge with the proof of your claim. If the judge agrees the court will issue a judgment lien that can be recorded in the land records. The land cannot be sold or mortgaged until the lien is paid.
If someone recorded a lien against your real property it includes the house since it is attached to the real property. When you are the grantee in a deed for real property you get the land and anything permanently attached to it.
If someone recorded a lien against your real property it includes the house since it is attached to the real property. When you are the grantee in a deed for real property you get the land and anything permanently attached to it.
If someone recorded a lien against your real property it includes the house since it is attached to the real property. When you are the grantee in a deed for real property you get the land and anything permanently attached to it.
If someone recorded a lien against your real property it includes the house since it is attached to the real property. When you are the grantee in a deed for real property you get the land and anything permanently attached to it.
If someone recorded a lien against your real property it includes the house since it is attached to the real property. When you are the grantee in a deed for real property you get the land and anything permanently attached to it.
No. They can only place a lien on your bank account. If your name isn't on the deed or mortgage they can't touch it.
A company cannot put a lien on a house if you do not own it. In the court's eyes, that is not your property and therefore a lien cannot be attached.
can a lien be placed on my home based on a family members credit card debt?
In Ohio, signing a quick claim deed to land and a house when your name is on the loan will still make you legally responsible for the loan.
In Ohio, if you sign a quick claim deed to land and a house when your name is still on the mortgage loan, you will still be responsible to the bank.
If his name is on the deed, yes
You still owe your part of the loan. Are you sure you are not listed on the deed? Check that out. You could possibly get part of the equity in the house if it is sold that could pay off your part of the loan. Go get a good lawyer. I had a bad one and didn't get the equity I deserved.
since the deed is in joint tenancy,to my understanding, the deceased name will come off the property once the death certificate is recorded in that county for the deceased,if I am understanding the question right.If the house is in foreclosure,the first person with the first lien against the property will be paid first at the time of the actual sale of the property.
The only way to remove a lien is to pay it off and get a release.
Only if the borrower qualifies on his own and the bank allows it. You will also have to be removed from the deed.
I assume you mean you are both on the deed to your property. Don't quitclaim your interest unless you speak to a lawyer. You may create more trouble for yourself. If the debt was for goods or services that benefitted both of you the creditor might still have a claim. It may be found to be a fraudulant conveyance to avoid a creditor. If you convey your interest you would lose any protection you may have under a tenancy by the entirety.
Not necessarily as you could have used the deed as security against a loan and the person lending you the money can take the house from you if you fail to meet the loan repayments. (They will usually hold the deed for you while you owe the money). Also it is best to check with the land registry to see who the government thinks owns the house. As in may countries deeds are being replaced by official property register databases.
Unless the deed is in your name, the house technically is not legally yours. If someone were to contest the will, you would have to fight this battle in court. This also means that if you pass away, the house would revert to probate rather than going to the person in your will. You will also need your name on the deed in order to get a loan on the property or sell the property, so it is a good idea to have your name on the deed.
the mortgage would not valid
By refinancing the loan in your own name.