Unanswered | Answered

Liens

Parent Category: Debt Collection
The right of a creditor to sell collateral property when a debtor defaults on their loan
Definitely. If the buyer change his/ her decisions or suddenly vanish, one can make an application to the court to cancel the sales contract. The liens will still exist unless you terminate the lien contract by notifying the other party to the contract. Any forms of notification is accepted as long...
Most lenders would only give you an auto loan if they are the lien holder until your car is paid off. This way you cannot sell the car or do anything legally without their consent.
Read your governing documents to determine your responsibilities and rights regarding laundry privileges. As well, you can read the board's responsibilities in enforcing laundry privileges there.
Answer . no it cant both owners have to consent to paying for the fence or the one that has the fence put up is responsible.
It means that the contractor contributed work and materials thatadded to the value of your home. You owe that value to thecontractor. The lien is a type of security interest that must bepaid before you can mortgage or sell your property. You should check the rules for mechanic's liens in...
Yes, they probably can. The debt pre-dated the transfer ofproperty. You need to be very careful in trying to protect yourinterest. If you are in any way determined to be hiding or tryingto eliminate procurement of assets from a lien or judgment, youcould be charged with a crime. Just wait until they...
Yes, I've no doubt that with appropriate pretendings such could be done. However, it is no part of a "gift" to do so, so in that sense, you can't "give" someone anything with little strings like that on it. A "gift" implies that you are deciding that you will no longer own it, that another will....
At some point in the process you can lose your property, after all redemption periods run out and you fail to respond to other notices that may be involved in the process. But what the process is varies from state to state so you really need to see what your state laws are.
Answer . Look at the Title. If there is a lien it should be listed, but even then you should check with your DMV/MVD or a 3rd party title agency for a title/lien check. (Current cost at MVD in AZ $3.00)
Yes, it could. The property would be considered a part of his estate. A lien could be put against it.
Answer . The lien is no longer applied to the vehicle when the loan is paid off. You can then get a lien release from the lender. As long as the loan has not been paid off the vehicle still has a lien on it.
You must pay off the lien. The bank will insist it be paid off from the proceeds of the loan. The child support lien has superiority over any subsequent mortgage. The lender must make certain it is paid before handing any money over to the child support delinquent.
Yes it can happen. If the person giving approval has the owner's authority (as an agent for example). Oral approval is just more problematic to prove, however.
The new owner is responsible for any outstanding liens, arrears or other encumbrances that were not addressed at the closing. (The buyer's chance to have the seller pay any outstanding charges and liens evaporates when the consideration is handed over to the seller.) . If you were represented by...
It can depend but in most cases just because there is a lien on property doesn't mean that the person holding the lien owns the property at least prior to default and foreclosure. There are exceptions, however, and that's where the "lien" is really a transfer of ownership -- there are some states...
Yes, to collect: unpaid taxes; reimbursement for public assistance including Medicaid; past-due child support (there may be others).
A will is usually filed in the probate office where the records are kept. You can get a copy of the will for printing cost. Someone in the probate office can usually help you find the will. . A will that has been entered in to probate will be available at the Probate Court where it was put into...
You should arrange a consultation with an attorney who specializes in probate law. The attorney must review all the details of the situation such as the tenancy created in your deed and the mortgage. The bank may be out of luck but you will need an attorney to handle the situation for you.
I would thinks so. You have a right to defend yourself and its on them to notify you of the date. If they never told you when then due process was not followed
Yes. Read your governing documents to determine your responsiblities topay assessments. A savvy board may well step into the revenue stream that you enjoyfrom the rental of your property, as a way to collect theassessments that you owe. As well, the association can lien your title, and finally,...
Generally: The proceeds of the sale are used to pay outstanding liens that must be paid. Liens that must be paid are local, state and federal taxes, municipal services liens, the subject mortgage and any liens that were recorded prior to the recording of the foreclosed mortgage. Any liens that were...
you could get sued by the holder of the lien
You could, but that would only keep the owner from selling it before satisfying your claim. It would be better to file for a junk, or abandoned title, and then sell it. The rules for this vary from state to state, so you would have to contact the agency that controls watercraft registration in your...
The person whose property is encumbered will need to pay the judgment lien or file a lawsuit requesting the lien be removed valid proof that the lien is without merit will need to be presented at the hearing.
That depends on what the outstanding balance of your loan is, the value of your home, and how much the bank will settle for. There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure. I would advise looking into this...
The state of Alabama does not require a title for a 1990 pop upcamper. A title for a pop up camper that is more than 20 modelyears old does not need a title. If it is newer than a title isrequired.
Most states have a "quick title" or otherwise known as abandoned vehicle title service through the vehicle registration department in your state. They should be able to advise you. Another way to find out is to call a salvage yard and see hoe they title abandoned vehicles.. You can use a lean-sale...
Answer . \nThe definition of creditor harrassment is rather broad and therefore difficult to substantiate. A creditor can keep in contact with the party involved, even though a lien has been executed. A cease and desist letter can be sent to the creditor(s) to halt any further communication.
It's called a "processing fee" for handling all the paperwork and filing effort used (supplies, people labor, etc) ... usually part of the "final payment" which can be slightly different than what the normal monthly payment had been. That $17 fee was most likely in the small fine print in some...
Yes, I have it. My car now.
Depends on how they filled for bankruptcy. If they own the lien then who ever buys them out can re-posses your vehicle. If not bought out then it becomes property of the state and they will deal with it. Depends on local laws but any bank that sells car loans should be able to tell you in greater...
Run every thing through a LLC...check local laws for details
Fill out the quit claim deed. It will not relieve you of your responsibility for the lien and it takes away all of your rights in the property. In most cases the lien will have to be satisfied before the transfer can be completed and any change of ownership recorded.
Anyone. Me. You. Your designated agent. Anyone is permitted to draft up a writ. A judge must sign it though.
Yes, that is exactly when the builder would do it! If you're in agreement, there would not be any reason to have the expense of filing a lien. You will need to settle the dispute (like gentlemen) and obtain a release (and preferably a waiver of any other claims) that conforms to your local lien...
what do you mean by property? But a lien can go in animal control.
\n. \n Answer \n. \nDepends on the lienholder's policy...\n. \nUsually it's 60 days on a new car through a reputable bank, some are 90.\n. \nSome used car loans will grab it after 30.\n. \nLesson: Pay the loan on time!\n. \n Answer \n. \n. \nYOU ARE CORRECT IN PRACTICE!!! In practice banks...
MOST vehicles have a lien- if you took out a loan to buy the vehicle, the company that holds the loan is a lien holder. It means that you cannot SELL the vehicle or dispose of it without their knowledge, and their financial interest being satisfied (loan repaid)- but the owner of the vehicle can...
In a title theory state, the grantor of the mortgage actually takes title to your house, whereas in a lien theory state, the grantor just retains a lien. The real world effect is that in a title theory state, you can be evicted much faster, because you technically do not own the home. Additionally,...
HOAs typically are responsible for enforcing the covenants, conditions, restrictions, rules, etc. of a condominium, townhome, cooperative or even single family homeowners' association. The organic document, usually called a "declaration", specifies the rights the HOA has and the tools that the HOA...
If you owe assessments that are unpaid, you are in violation of the financial agreement you made with the association. The association is required to pursue you to collect this debt. You can read your governing documents to remember your obligation to pay assessments, and understand the steps...
The contractor should make a claim upon the sub-contractors insurance and/or bond. If the sub-contractor defrauded the contractor on having insurance and/or bonding in place then he should report the contractor to the State licensing board, file claim on their insurance, and civil lawsuit (if the...
this is a waiver of lien by contractor, subcontractor, or supplier.
The loan doesn't 'override the will'. It is a matter of rights in property and debts. The debts of a testator must be paid before any property is distributed to the heirs. In the case of a mortgaged property, the testator doesn't own the property free and clear so she can't give it to her heirs. She...
No it actually cannot happen because there is 3 things there and it cannot be the 4th one However i do not know at all so i need a lil help please!
Yes. Statutory liens include tax liens, mechanic's liens, judgment liens, etc.
It depends on what kinda of animals they control. if they specialize in rare or endangered species they may be asked to travel in order to teach or in special cases to help. if they are a local animal control worker they will have a designated area to patrol.
The lender must obtain a judgment lien and record it before the joint owner dies. Once the debtor has died the real property automatically passes to the surviving co-owner and the creditor is out of luck.
Georgia is a title theory state. The title of the mortgaged premises remains in the lender until the debt is paid.
You must look at the laws of the state where the land is located and for which services were rendered. Many "softcost" type services are covered (surveyors, geologists, property manageres....).
Every type of lien has its own statute of limitations. You would need to research the type of lien.
Homeowner associations are not in the business of 'approving'persons -- for any reason. If a default judgement has been filed against you, best practicesdictate that you work with a common-interest community-savvyattorney to resolve the matter.
It depends on your state laws. Different types of liens have different statutes of limitations. You need to identify the type of lien.
If you owe her money and she can prove it, yes.
If you signed any form of personal guarantee or security agreement putting up your assets then yes they could attempt to attach to any asset you own. However, they would need to do this through the court system, they could not just wake up one day and decide to put a lien on your home.
It depends. Did you leave a will? Was there a TOD on the title to your car? Either way, the debt will have to be paid otherwise the lender will being repossession proceedings. The short answr is that until the estate is squared away, the estate owns it. Part of the duties of the personal...
A subordination agreement is usually used to gain consent from one lien holder to take a junior position to another lien holder. It isn't by itself a mortgage or a lien.
If the loan on the investment property is "recourse" -- ie you personally owe whatever the bank fails to collect on a foreclosure sale, and then you do not pay that "deficiency", then the bank could sue you and take a judgment against you and file a judgment lien against you that would tie up the...
No, the lien will be satisfied first. Also, she cannot sell the house without the approval of a spouse or other interested party, unless there is a court order to do so.
first of all buy the frozen coffee granuals ,then boil the kettle. For a perfect cup: 1.Select your favorite mug. 2.Place half a teaspoon of the coffe granuals in your selected mug. 2.Put some sugar in if you wish 3.Add milk (i like 1 quarter of the cup to be full of milk) 4.Pour in the...
You would have to prepare and record an appropriate lien instrument against the property in WA state. Where you live is irrelevant. But usually a lien is based on a debt and if the debt is an IOU, you may want to make sure that as many of your rights are governed by the law that is more favorable to...
To be effective against real property a judgment lien (or any other type of lien that affects real property) must be recorded ASAP in the land records office in the jurisdiction where the property is located.
The property inside the home is taken away by the person who now owns it. The person who owns the home could offer to purchase the property (which saves a lot of moving and buying replacements) or should arrange a time for it to be collected.
Yes, collection agencies can do this. However, first they need to sue the borrowers and obtain a judgment from the court against the general assets of the defendants. Usually, a judgment will become a lien on any real estate property the borrowers own. If the collection agency does not go to...
It is true that if the mechanical shop is holding the car because of non-payment of the repair, they would need to have filed a mechanic's lien on the vehicle in order to legally detain it. However: If your complaint is that the car was not fixed properly you shuold have taken the mechanic to small...
Yes, a lien on your title, which clouds it, becomes public record and can affect your credit rating.
if you are the highest bidder, you get the auction papers to the car, when u go to the DMV you will register the car as your own, the title will come in the mail and show an existing lien on the car it says the banks name and your name yet, the person who originally requested the auto loan will have...
No. The child becomes the owner of the property. Please read the related question at the link provided below. When a child owns real estate it comes under the jurisdiction of the court and the legal complications can be expensive.
Sure and the contractor will file if you refuse to pay as long as your local statutory requirements are met and if the contractor thinks it did a good job and didn't breach the contract - but then it sounds as though you have at least two defenses: breach of contract for bad work (assuming the...
Answer . Kansas uses Federal garnishment guidelines. The maximum that can be garnished is 25% with the first $154.50 (weekly based) of disposable income being exempt.\nExample: Weekly take home $500 minus $154.50 equals $345.50 times .25 equals $86.37. ($86.37 would be the weekly garnishment...
A person can be the lien holder for anythimg
Answer . \nYou should choose the one that is most beneficial to the party involved personal situation. Please refer to the page link for Washington State Bankruptcy Exemptions.
You can't subordinate a mortgage. One bank, the senior lender, sometimes subordinates their mortgage to a bank who is giving the homeowner a new mortgage. The subordination gives the new mortgage first place and the old mortgage becomes the second mortgage.
Talk to your laywer he will point you in the direction of a good judge where you can get a sue case set up
The buyer's attorney would have a title examination performed prior to the sale. The liens would be disclosed by the title examination. The buyer's attorney would require that the liens be paid before the buyer takes title. You would get the net proceeds after the payment of the liens and any other...
Real Q : Legally Vs. Morally . Legally, if the Title is in your name, Yes you can.. Morally, eehhh.... You could ignite some unwanted feelings. This also depends on some details of the situation: -- How long have you had it -- What is it's worth -- Why are you selling it ? -- --> To buy a better...
So, the short answer is no, but there is a multi-step process represented within the question. First, can one place a lien on real estate in the county of Union NJ? Yes, if you have a financial right to do so. Those that may place liens on properties include the following: * Mortgage Lender ...
You would need to bring a lawsuit in court and obtain a judgment lien in your favor. Then, you could record the lien against the property of the defendant.
Answer . \nBeing "on a bank account" means that the co-holder accepted responsibility for the account. This happens when a co-holder signs an agreement or contract. If you do not want responsibility, don't open joint accounts. Read all contracts and make sure you understand the terms before you...
No it is not difficult, however they would need to obtain a lawful judgment in order to place a lien on any identifiable property.
If the new by-law was promulgated by the town, the answer depends on the provisions in the law and whether there is a "grandfather clause" in the law. Generally, smoke bans do not include "grandfather clauses" since the object of the laws is to eliminate second hand smoke from the air shared by...
Answer . \nMake a list of what you can reasonably prove was in the car when taken but NOT there when you got it back. For instance, if you claim to have had $10,000 in CASH in the car, have some type of reciept(bank withdrawal slip) showing you had that much cash within a reasonable time before...
Firstly you have all the rights granted by your contract with the contractor. Secondly you have the state's lien statutes which grant you lien rights providing you meet specified conditions and time restrictions. Construction or mechanics lien laws vary in each state so you need to become familiar...
Tax liens must be paid before title to the property is transferred. The purpose of a tax lien is to prevent the property from being transferred before the lien is paid.
Sometimes they do. Just bare in mind though that with tort reform, If you lose your suit you will be liable for all the other contractors legal fees and associated expenses.
Answer . READ YOUR CONTRACT. In very few circumstances will you NOT be responsible for the balance due after the collateral has been sold.\nVery few, in most cases you will pay the difference between what the car sells for and the balance due.. Answer . \n. \nIf you file bankruptcy you are NOT...
Yes. The creditor could sue you in court and if successful will obtain a judgment lien that can be recorded in the land records. Once recorded you can't sell or mortgage the property until the lien is paid.
If you live in the United States, your state has an agency in the tax collector's office or department of motor vehicles that keeps those records. You should contact them. If they tell you to come in, bring your paperwork.
Here is all the information you need to read for dealing with a Federal Tax Lien. http://www.irs.gov/businesses/small/article/0,,id=108339,00.html#appeal. Regarding help with the forms, I used these guys cause of the free consultation but I am sure you can shop around: http://www.taxdebtaid.com/tax...
Yes. The first lien is called the first mortgage, and the second lien is called the second mortgage. If you default on both and the property is sold at auction, the first lien holder gets paid first. If money is left over, the second lien holder gets paid. If money is still left over, you should get...
If you owe her money, sure she can. But first, she must sue you in court and get a judgment lien against you. That lien can be recorded in the land records and you can't sell or mortgage your property until that lien, and the interest, is paid off.
You pay a visit to your local land records office and ask for a copy of the lien.