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Liens

~3000 answered questions
Parent Category: Debt Collection
The right of a creditor to sell collateral property when a debtor defaults on their loan
YES, I don't remember what VA Bch is but I know they have a limit. This would be covered by the "mechanic's leins act " or a similar type state regulation that sets out the amounts that can be charged for vehicle storage. If you don't pay for the repairs and the storage costs, eventually the ga…
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The automotive manufacture has two options when repossessing a vehicle. They will either tell you to keep the vehicle and they will put a lien on your house for the value of the vehicle if there is enough equity in the house, and pressure you into selling it. If you do not sell the house then the li…
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If the persons living on the property are the ones who owe for the inspection but are not the owners, no. The person owed does however, have other options for collecting the debt. No. If you owe the debt the home inspector cannot place a lien on property you don't own.
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In general that is dependent on the lender and the provisions of state statutes. It may also be affected by whether the filing was a federal or state BK. In some instances the consumer has up to a year before having to vacate the premises, in others it can be sixty to ninety days.
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Registering a car You have several issues here. If you plan to drive the car in California it must be registered there, but your Military stautus exempts you from certain fees. If you plan to drive the car straight to Florida you may obtain a "One way Trip" permit from the DMV. On arrival in Fl…
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You need to inform the dealer that you will be buying the car and need it titled in the state you want to register it in. I don't believe that you have to pay another tax, unless you buy it there then take it home and re-register it as if you move.
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only if your surgery is the result of a work related injury. Sorry.
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You probably won't get caught until you have an accident. Then you will discover that all the premiums you paid have just been a gift to the insurance company and you HAVE NO COVERAGE. In addition you could be charged with fraud.
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Repossessionalthough it is unlikely they would know about it (unless they called her and she told them) the only way to be completely safe is keep it in your name. They can't lien other property of hers without a judgment and they would have to take her to court to get that. you could draw up a prom…
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Car repossession Bottom line: YES it can. Although many things could factor into this answer, such as, have they given you anything in written form stating the new terms? Have you renegotiated your loan terms? When faced will something or nothing, most creditors are willing to wor…
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Your contract most likely states that the lender can demand payment in full at anytime. This means they can repossess the vehicle after demanding you pay it off. If you are 5 days late, they could repossess it. There is no legal requirement for the lender to wait any amount of time before taking you…
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%DETAILS% To the best of my knowledge there is no limit. This is their way of robbing people and unfortunatly the city usually just wants the car MOVED so they don't crack down on the fees the companies that move the cars charge. The finance company that has it repo'd pays them to tow it and all…
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Okay folks, I am a driver of a repo truck in South Florida. I do not own the company, I just drive for them and yes, I very much enjoy what I do. I do not consider myself a scumbag, nor am I rude, demeaning or disrespectful to debtors, I go out of my way to be polite and courteous to them as possibl…
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This answer is for the last statement. I don't believe you have to turn the car over. They signed you up for a UNSECURED loan. Which means they required no collatoral. They want you to take the title down and add them as leinholder since they found out you bought a car with it. That way they have ev…
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Erin, congratulations on NOT wanting to get involved in a repo. Sell it to a lender?? PORBABLY NOT. Lenders want money NOT cars. But, you DO want to sell it if possible. Try to find a buyer at the highest possible price. Lets say your payoff is 10K and your best offer is 7 K. $3000 difference. BORRO…
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%DETAILS% Paul, as long as there is a lien on the car, it CAN be repossessed. It is up to the lender whether they want to repo or not. Some will, some wont. Your lender can seel the loan to another co. at a discount and the new lender could decide to repo. Good Luck   YES THEY CAN...But do…
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The truck was sold by the bank at auction, they then sent us a bill for $5,600.00!!!! This was the balnce of the loan apparently, **NO this is the balance due AFTER deducting what it sold for at auction.and they auctioned the truck for far below it's worth.**REALLY, how much is /was it worth? It wa…
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In most cases YES. You should talk to an attorney in your area for state specific advice.Yes, if the lender obtains a judgment for the deficiency.
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Me, I started to ask you how you managed to buy a car, but that's not relative now. I would think it will be extremely hard to accomplish. Good Luck   It is not uncommon for people to be able to finance and afford a car when they sign a contract, and later to experience sudden unemployment,…
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%REPLIES% Answer Your sister can call the LENDER and they will be glad to tell her. Soooo simple. they wont tell you because of the PRIVACY LAWS. Answer Actually, it will depend on the state that she lives in. Repossesions have to reported to local law enforcement in a timely matter. So if…
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Depends more on HOW MUCH YOU OWE. If they sell the contract, the buyer probably will because they have more to gain.   90 percent no. I drove a car for 2 years that was wanted for repossession. They didn't get the car until I totaled the car in an accident, then called the finance crooks and …
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Well after I got my car repoed it took me till Oct of the same yr to pay the lender off with a new charge off amount repoed in April 2003 paid in full Oct 2003 on my Credit Report it shows as a charge off. I paid it off in 6 months I refinanced my home to pay off he difference. In between time I had…
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%FOLLOWUPS% As long as the 450.00 is in DEFAULT, it can be repoed.
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The debt is NOT forgiven. See link below. ArizonaRevisedStatutes
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The person who wrote below did a good job in citing the property code but obviously doesn't know how the courts have answered the question. And the answer is yes, yes and yes. answer in short?? NO, NO, and still NOhttp://www.capitol.state.tx.us/statutes/statutes.html TX statutes in general http://ww…
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IF there is a perfected security interest for a loan that your car is collateral for, YES it can be repoed, in FLORIDA or California. Try UCC-1 filing for perfecting a security interest.
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They can ONLY take 25% of your disposable income.
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Not with a properly named beneficiary.If the beneficiary is the owner can the life insurance policy be attached by a lien? If the person is deceased than you now have the money. I guess it depends on what entity is putting a lien on. Certainly the IRS can do anything they wish. I don't think any oth…
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In addition to the information provided above you, as the former owner, may have responsibility for issues NOT disclosed about the property during your time of ownership such as buildings or structures on the property without having proper authority or permits, chemical contamination, structural def…
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You will need to pay off the lien first, or arrange with the lienholder to be able to make a sale.
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I have placed 9 cars in autotrader magazines and 5 never sold and the other 4 took at least 6 months to sell.I think you have to consider a few different variables when you ask this question. What am I selling and Am I being fair with my price? Am I being completely honest about the vehicle upfront?…
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Yes that's usually how it works unless some type of a specific hold has been placed on it.
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No.Find out what car dealers don't want you to know at www.dealertricks.com   Depending on where you live. For example in Ontario Canada you can see a Justice of the Peace at a ciourthouse and swear an afidavit and get the title changed. BUT if you are less than truthful you will likely spend…
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Since you know that someone got arrested in YOUR car then call the nearest police station (or where the person got arrested) and they will tell you where the car is and how to get it out.
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Here's are some quick tips from the Federal Citizen Information Center: Good resumes show how your qualifications fit the requirements of the jobs you apply for.Most occupations require abilities like reliability, teamwork, and communication.Good objective statements focus on the employer's needs.N…
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According to the "Fair Debt Collection Practices Act", a collection agency must submit to you in writing who the original creditor was, the original creditors contact information (if account was sold who owns the account now), and the amount owed. After you request this information, they must send t…
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A collection agency doesn't have the power to do anything other that aggravate you. They can with the agreement of the original creditor turn your account over to a collection attorney. The answer to your question is NO! For the amount in question it would be a small claims court judgment (if they g…
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Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages…
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Yes. NJ is not a "debtor friendly" state. The exemptions allowed are very limited. Joint accounts can be seized in their entirety. The nondebtor account holder will need to file a petition in the court for return of his/her funds. The amount would depend on how state statutes govern joint banking …
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Opinions from contributors: Opinion It depends. Do you owe the money? Can you pay the money? Did you successfully complete a bankruptcy in which the debt was included? Was the law broken in any way while the original owner of the debt or the third party was trying to collect the money? If yo…
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The action a creditor can take depends on the time frame, the state the person resided in, and the type of debt. In most cases a court will allow a creditor to file suit in the party's previous residential state. If the person has any property or open bank accounts, a judgment award can be executed …
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Even if you discharge a tax debt in a bankruptcy (which can be done in limited circumstances), the lien associated with that debt is not released by bankruptcy proceedings. The result is that you may come out of bankruptcy with no tax liability, but there may still be a lien on your property. That …
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There's lots of details that can change how that situation comes out, such as the nature of the judgment and which chapter of bankruptcy was filed. But, generally speaking, the Bankruptcy Code says that the debt is discharged if it is properly listed OR if the creditor had notice or actual knowledge…
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Answer If it has been discharged (At the end of the Chapter 13 plan), then you will most likely have to work out some type of payment with the lender. You can also consider filing another Chapter 13. (The car would most likely be the only debt)
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No, they can't. Assuming they were included in the bankruptcy proceedings and did not file a counter suit for dismissal and win. If they were included, the banruptcy was granted they are violating a court order by trying to sue you. Which is, obviously illegal.
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All liens survive bankruptcy. You can get rid of the lien by "avoiding" it.Look up "Avoiding Liens" in google or findlaw.com for more info.
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You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened.LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED.   Let me add to the last post.Most of the time, the cr…
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You have to pay the creditor the full amount of the debt for which the lien against the property was issued.
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In order to procure a judgment against someone for debt, due process has to be followed. Filing a lawsuit in the appropriate venue,(usually Small Claims Court). Obtaining a hearing date, going through the hearing/trial process and being awarded a judgment. Then the judgment has to be enforced which …
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You can have more than one mortgage on a property. The second mortgage will always be smaller, and will depend on the equity you have in the property. (Equity is the difference between what the house is worth and what you still owe on it, ie. the first mortgage.) People typically get them to do hom…
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Call your banker ASAP. Explain the situation and ask for advice.
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It is possible to go to the Register Of Deeds office at your county court house. Take along a tax bill or something else with the legal description of your property. Someone there will help but be prepared to spend several hours. Another more costly way would be to have a local title company run a s…
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The lien will have to be satisfied if he's to remain on the deed. The easiest course of action is to take him off -- the title company can handle this, it's not an overly-complicated procedure.
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Banks merge all the time. Though it may appear the bank does not exist anymore, the paperwork should still be somewhere. Try going to the location of where your financial instution used to be. Even though they are not the same bank they should be able to help you out with the situation. I've worked …
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Liens from a Family MemberIt all depends on what state you live in, so check your local laws. However it is possible for a family member to put a lien against your property if you owe them any outstanding debt that can be verified in court.For example, say you owe your mom $10k for a loan she gave y…
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If the narcissist regards you as a potential future source of narcissistic supply, he will seek to compromise. If he has given up on you as a source of supply - he will fight you tooth and nail.
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A creditor must sue in civil court, obtain a judgment and then request a judgment lien that can be recorded in the land records. A judgment can be rendered for different types of debts such as default on a promissory note, credit card debt, personal injury award, wrongful death, etc. Once a judgment…
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Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon. If you owe the attorney a fee you s…
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That depends on what other contractual arangements might have been made. The deed does prove ownership. However, in some states if you had a verbal agreement for repayment and your father can prove it, he can collect his money. And obviously if you have any agreement in writing concerning the proper…
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Real Property Child Support LienProperty liens, garnishments, etc. can only be implemented after due process. If a child support order is in effect the court can take whatever means necessary. This ususually involves garnishment of wages rather than a property lien. Altough if there is a large amoun…
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Repo Law and Leins in Texas 41.024 - Sale of Excess. An officer holding an execution sale of property of a judgment debtor whose homestead had been designated under this chapter may sell the excess of the judgment debtor's interest in land not included in the homestead. A lien can be placed …
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First of all I have never heard of a court terminating child support, why was it "terminated", Clerk of Courts are prohibited from giving legal advise. If it arrears, like the first response suggests, you must pay the arrearage regardless of the age of the child. If the support was truly "terminate…
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Answer Yes. It is a relative simple and inexpensive legal process that can be done without an attorney.
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A petition to have the lien removed can be made to the court. The bankruptcy discharge will not automatically cancel it out. I am assuming "nonsecure" refers to the creditor who holds the lien (such as a credit card debt). This is not a factor in whether or not the lien will or can be dismissed. Ref…
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Any judgment (exception small claims) can be inacted as a lien against real property. However, if the amount is disproportionately small compared to the property value, it can be appealed. Actually it can be appealed almost anytime, if the defendent wishes to pursue the matter.
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In may depend on what the final judgment for divorce says about it.   I was awarded the home in the divorce decree and am supposed to have his name taken off within 3 years. I am in the process of refinancing and found several leins.   Sounds to me like your "stuck." If the liens ar…
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Yes. Any creditor can file suit in the appropriate court. If the case is won, a writ of judgment can be issued, and a lien can be placed against any real property of the defendent.   It depends what state you are in.
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Yes. It must be done in conjunction with the court where the original child support order was mandated. But what if the ex-spouse lives in another state than the one that awarded your your judgment? Can you enforce that judgment in the other state and will that other state allow you to put a lie…
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No. In order to place a lien against someone's property a valid court order has to have been granted. That would not happen if there was no debt that could be substantiated.it depends, if they stored someting on your property, you can sue for strorage fees, then you can have the court order a lien o…
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Answer No. Once a lien has been enacted as a forced sale the person loses rights to the vehicle. Redemption options do not apply to vehicles.
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Contact the city or county land records office or visit that office and check the index under your name.
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The question is unclear. If a security agreement is not completed and signed by the debtor, their is no security and a UCC alone will not. If you know/believe there was a security agreement signed and cannot locate or get access to it: a UCC-1 that has the "stamp" or other certification on it that t…
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Check out this link http://www.small-claims-courts.com/collection-small-claims.htmlThere are other links on this page to check out http://www.steveshorr.com/law.htm   Considering this was a court order, and there has been no payments regarding the debt. The persone who owes the debt is in dir…
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Depends on the nature of the services. But small claims court is the normal way to recover unpaid balances if payment plans and other negoitations have failed. Well, as stated above it does depend on the services rendered. However, you may be able to get a mechanic's lien. It will depend on the ju…
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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…
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Yes. I've done that before. It cost a fortune. Check with your carrier. Some will, some won't.
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Check your local land records office. Liens and judgments that affect the title to real estate must be recorded in the land records. The property will be listed as well as any reference to the property such as where the property is located in the record books. Get the book and page number, go to the…
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Answer The cost of obtaining a lien depends largely on the type of propery, the type of debt, whether you obtained a security agreement and whether the law grants you any special status to file a lien without going to court like a mechanic's lien. If you are a secured lender, you already have a l…
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Legally, yes. Whether or not his license status would create problems of a different nature would depend on the laws of the state where he does business. Of course if he were getting paid "off the books" he probably would want to consider the consequences of taking an oath in a court of law before…
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Answer Yes, you can eventuraly live in the home you originally purchased to be used as a rental. The rule is: You can buy the home and derive income from it for as long as you like, even live in it for no more than 2 weeks per year. This is fine for vacation homes purchased for income. You ca…
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Answer Unless the collector is a law collection firm the answer would be no. Collectors do work with collection attorneys and refer accounts to them for legal action. If a debtor is sued and the plaintiff wins a judgment is awarded. The plaintiff may then enforce the judgment as a lien agai…
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Answer No, not as if you were paid. But then I have never seen a resume where each job was listed as paid. Put down whatever gave you experience. Remember a job is a life experience regardless if you were legally paid or not.
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A lien is a right or interest a creditor has in another's property. The lien lasts until the debt is paid or until any statute of limitations for the particular type of lien has passed. If a lien is to affect real property it must be filed in the land records. There are many different types of vol…
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Answer Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
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Answer If you have adequate insurance to cover the claim, you should demand that your insurance company settle the lawsuit withing your policy limits in exchange for a full waiver. If you have enough coverage to coverage and can settle the case, bankruptcy should not be necessary. You should …
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Answer A judgment can be executed in several ways, the most preferred option is wage garnishment or bank account levy. Other options are the forced sale or liquidation of any property belonging to the debtor that is not exempted under the laws of the state where the debtor lives. Bankruptcy …
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Forcing Sale of a Property Each state has different titles for its courts and you should be able to look up this information on your locat court's website. For example, California has unified trial courts and are all known as superior court. Then there is the Courts of Appeal and the Supreme Cour…
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You could go to the county clerk office and do some research there, or another is to call a title company and have them do a title and lien search on the property. As well, it will be important that you understand what kind of lien -- if any -- that exists on the title. There may be revealing deta…
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Answer The creditor or person who is owed money must bring a lawsuit against the debtor in the proper court. If the plaintiff wins the case they will be granted a judgment, the judgment can then be enforced as a wage garnishment against the debtor, in accordance with the laws of the state whe…
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Answer This situation is covered by a homeowner's insurance policy (HO3), Renters insurance (HO4) or unit owner's (HO6) policy. Call your insurance agent for more information on costs and coverages.
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The primary meaning of a "homestead" in current real property ownership refers to a "homestead exemption". A homestead exemption is a statutory protection from execution by creditors (up to a certain dollar amount that varies by state) for a property owner's primary residence only. Some states prov…
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In most states, the lien is only intended to allow you to state your claim to improvements on the real property. If they owe you money for something else, you can't file a lien and if the improvments were completed more than a few weeks in the past you can't file a lien.If it's just a simple dispute…
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A homestead law (which can also be a provision of the State Constitution) protects homeowners from losing their homes to creditors. Homestead laws vary widely among different states. In Florida and Texas, the homestead laws prevent anyone (except mortgage lenders and taxing authorities) from forecl…
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I am an attorney in Cleveland, Ohio, so I am speaking from the perspective on Ohio laws. There are some passive and some aggressive ways to contest a Mechanic's Lien. First the aggressive ways. You can force the hand of the lien claimant by either serving them with a notice to commence suit or b…
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to have sex
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Somebody has a lien on whatever you are talking about. That means money is owed and the object is the guarantee.
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Buy a coffee maker, filters, and a bag of ground coffee. Read the instructions on both. This will generally involve putting the coffee filter in the appropriate place in the machine, adding ground coffee to the filter as directed by the instructions on the coffee, adding water to the reservoir on th…
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Probably, yes. Read your governing documents to understand the responsibility for collecting the assessments that you owe -- and your responsibility to pay them -- and the steps that the HOA can take to settle your debt. Stepping into your revenue stream is one way of collecting your assessments. …
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You can sell as soon as you take title: immediately. You can actually sell it before you take title. It's called simultaneous closing. At title signing, the property would be signed over to your buyer instead of you. This may not work if you have purchased the house with a standard loan. There are u…
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