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Can the lien holder take any action against owner occupied property?
Wiki User
∙ 17y ago
Perhaps, it depends upon the laws of the state in which the property is located. In the majority of US states it is possible for a lien holder of real property to petition the court for a forced sale of the property in question.
Wiki User
∙ 17y ago
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Can your mother Quitclaim her house to you if there is a judgment lien against the property?
No. The property cannot be transferred, sold nor refinanced until the judgment lien is paid/settled or the judgment holder consents to the act. In California, we see people do it all the time. They file a Quit Claim, and transfer title to the property to someone else. They do not realize, however, that the lien is still on the property. So, if your mother quit claims her house to you, when YOU go to sell it, you will have to pay your mother's judgment. Or, the judgment holder may come after the property with a Quiet Title action. When they prevail with that, then they will do an action to partition the property, and it will be sold.
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
With second mortgage holder asking the homeowner to sign a deficiency judgment isn't this lien dropped if the home is foreclosed and goes to public auction?
HOMEOWNER SHOULD SIGN NOTHING...the 2nd mortgage is cut off in the foreclosure action against the 1st mortgage as it affects real property...if the 2nd mortgager holder is looking for a signature, then they should get it from the judge
Can a judgment lien be placed against property that is in escrow?
It depends upon the nature of the lien and who is the holder of the escrow account. If the property is being held in escrow by the lender, then yes, the placement of a lien is possible.
Does a lien holder automatically get paid from an inheritance?
It depends on what the lien is against. If it is against the estate, it has to be resolved before distribution. If there is a lien against your property, your inheritance does not have to be used to pay it off, however, it could be claimed through a court order.
Will credit card companies go after a cardholder's live-in partner for payment when the cardholder can't make his payments?
Only if the person were a joint account holder. The account holder is the only person responsible for the debt (exception for married couples in community property states). However, if the parties own joint property, it is possible for a lien to be placed against the debtors share of that property.
Does an owners life estate hinder my forcing the sale of land?
A life estate grants the right to the USE and POSSESSION of real property for life. The holder of a life estate is not the owner of the property. Therefore, you cannot take possession of the property and sell it if you have a judgment lien only against the life estate holder. If you have a judgment lien against the owner of property that is SUBJECT TO the life estate of someone else, the property would remain subject to the life estate if you took possession and tried to sell it. You would need to find a buyer who is willing to honor the existing life estate.
Who needs lien insurance?
The lien holder would. A lien holder has a financial interest in the property
what happens to seller held mortgage when mortgagor dies?
If it ws done properly, the mortgage is a lien against the real estate. If the mortgage is not paid by the estate then the holder of the mortgage can foreclose and take possession of the property. You should consult with an attorney who can review the situation and explain your options.If it ws done properly, the mortgage is a lien against the real estate. If the mortgage is not paid by the estate then the holder of the mortgage can foreclose and take possession of the property. You should consult with an attorney who can review the situation and explain your options.If it ws done properly, the mortgage is a lien against the real estate. If the mortgage is not paid by the estate then the holder of the mortgage can foreclose and take possession of the property. You should consult with an attorney who can review the situation and explain your options.If it ws done properly, the mortgage is a lien against the real estate. If the mortgage is not paid by the estate then the holder of the mortgage can foreclose and take possession of the property. You should consult with an attorney who can review the situation and explain your options.
How can a lien holder refuse to return property back to buyer?
Generally, if there is a debt involved the lien holder can hold the property until the debt is resolved. It is a security interest over property to guarantee payment.
How do you refinance a life estate property?
Generally, in order to refinance the property the owner of the property AND the life estate holder must both sign the mortgage. If you are only a life estate holder you cannot refinance the property. A lender will grant a mortgage to the owner of the property only and the life estate holder must sign their consent. See related question link.
What happens to a person's house after a lien is filled?
It is legally possible in most situations for a lien holder to request the forced sale of a home or property. This rarely happens, generally the lien will remain against the home until the homeowner wants to refinance, sell, transfer or initiate any action concerning the property. Before any transactions can take place all liens must be paid or satisfactoriyl settled. Liens against real property accrue interest making it possible for a small debt to rapidly turn into a large one.
