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.
  == 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 that  added to the value of your home. You owe that value to the  contractor. The lien is a type of security interest that must be  paid before you can mortgage or sell your property.   You should check the rules for mechanic's liens...
Yes, they probably can. The debt pre-dated the transfer of  property. You need to be very careful in trying to protect your  interest. If you are in any way determined to be hiding or trying  to eliminate procurement of assets from a lien or judgment, you  could be charged with a crime. Just...
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)
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.
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 an...
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...
Yes.    Read your governing documents to determine your responsiblities to  pay assessments.    A savvy board may well step into the revenue stream that you enjoy  from the rental of your property, as a way to collect the  assessments that you owe.    As well, the association can...
  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...
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 up  camper. A title for a pop up camper that is more than 20 model  years old does not need a title. If it is newer than a title is  required.
  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...
  == Answer ==     The 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...
Yes, I have it. My car now.
Run every thing through a LLC...check local laws for details
  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...
what do you mean by property? But a lien can go in animal control.
    == Answer ==     Depends on the lienholder's policy...     Usually it's 60 days on a new car through a reputable bank, some are 90.     Some used car loans will grab it after 30.     Lesson: Pay the loan on time!     == Answer ==       YOU...
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,...
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 that...
this is a waiver of lien by contractor, subcontractor, or supplier.
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.
Georgia is a title theory state. The title of the mortgaged premises remains in the lender until the debt is paid.
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 practices  dictate that you work with a common-interest community-savvy  attorney to resolve the matter.
  == Answer ==     http://www.lawhelp.org/documents/127641Creditors%20and%20Debtors.pdf?stateabbrev=/FL/
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...
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 hot...
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 court...
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...
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...
  == Answer ==     You 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.
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...
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 (primary,...
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...
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...
  == Answer ==   READ YOUR CONTRACT. In very few circumstances will you NOT be responsible for the balance due after the collateral has been sold.   Very few, in most cases you will pay the difference between what the car sells for and the balance due.   == Answer ==       If...
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.
  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...
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.
Liens are given priority in the order that they are filed. Liens for property taxes, however, will be given priority in the case of a foreclosure sale. But after any back taxes are paid, then the lien filed in first in chronological order will be given the highest priority.
Yes, a levy can be stopped, no matter it is an IRS levy or state tax levy. There are several options to stop a tax levy: Pay the tax debt in fullsettle a payment plan if you can't afford it
  == Answer ==   assuming that the lien has been filed or recorded in the county clerks office...you must do the following...speak with the creditor or attorney for the creditor and request a "release of lien", "discharge of lien" or "satisfaction of lien"...you are entitled to this...
Once a creditor has a judgment against you they have several options available to them to "execute" that judgment. The two quickest and most widely used forms are the attachment or "levy" of checking accounts and wages. If a judgment creditor (JC) locates a bank account with your name on it they...
Yes, the title company that issues tolved in anything to do with that house & property have beeen pfoaid) the lien against the property will keep a seller from selling it with "Clear title " however the seller could sell it for a lesser amount i.e there is a 5K lien on it so the seller sels it...
    A lien form varies from state to state. In addition, there are specific requirements which must be followed for filing liens. To avoid any unnecessary, costly litigation, resulting from errors in preparing and filing the lien, I strongly advise the HOA to retain an attorney to file any...
Generally yes, but you must sue in court and obtain a judgment lien from the court. It can then be served on the bank by a sheriff and the account will be frozen In North Carolina, wages are not subject to execution. Neither are certain federal benefits. Also, money that belongs to the debtor's...
The time to challenge a judgment is at trial before the lien is issued by the court. For an income tax lien you would need to hire an attorney to dispute the amount of taxes owed.
The only way to remove an active lien is to pay it off. You cannot sell or mortgage your home until the lien is paid.
In some cases such as tax liens and liens for municipal services no court action is necessary to record a lien. In others such as creditors or awards in law suits, there must be a court judgment to create a valid lien.
The lender who loaned you the money to purchase the car and to whom you make the payments.
Your question is complicated. Since you offer no clue as to the severity of the violation, we can only offer rather generic answers. Read your governing documents to determine which violation has occurred.As well, you can find the due process involved for notifying, hearing, and deciding on any fine...
Read your governing documents to identify your responsibilities for  paying the garbage bill.    If you owe it, and if you have ignored the association's attempts  to collect it, expect that a lien will be filed.    If you are not responsible for the garbage bill, you can consult  with...
No. They will not affet the GC because they are two different entities. This method of rating is also similar to the OSHA Recordables and 300 Log. A GC will not report accidents on his/her report for an accident that occured to a subcontractor. This is of course limited if the incident involves...
Don't hide a car from repossession . Companies use different types of software and databases to locate someone. It's called skip tracing. They use credit reports, telephone listings, refrences (that you have likely listed on the application), and find family members using the software. It is...
Most associations document the requirement that a tenant live in  the community as though s/he were an owner, except that the tenant  cannot vote. But the owner remains the primary, legal person  responsible for paying assessments.     There are, however, situations when an owner doesn't...
== Answer ==   It may be accelerated and payable from the excess proceeds of the auction held by the first lienor in foreclosure, if there is any excess.   --- improve the answer:   If seond lien is not a superior lien (e.g. Tax lien is superior than MGT lien), when the first lien is...
A Lender of Record is the initiator of a loan, typically a bank. Although the term is largely redundant for single-relationship transactions (one lender, one borrower), it is often used in syndicated loan transactions where there are a number of lenders, but one key lending relationship (either the...
  == Answer ==     Yes. Usually the loan holder will be held responsible for any deficit and perhaps fees that are incurred when the car is sold.
Your attorney can answer the timing question. You may also take the  judge's order to the land-use records office and an administrator  there can guide you through the discharge process. Any time delay  may be based on digital or electronic record keeping update cycles.
No, if you own the car outright and there is no lien against it, no one can repo the car under normal circumstances. The only reason I could think of would be if you owed the bank money and they sued you, and the court made you put the car up as collateral.
Unfortunately, some states do allow for this to occur. The credit card company usually renews the lien and adds the cost of the renewal to the lien. It is better to pay off any bad debt you have obtained before this situation.
? um spelling please... i cant understand the question, and therefore i can't answer it. i thnk youre talking about interest rates... sorry!
Your attorney can help you answer this question, since it requires a legal answer.
Practice! And look stuff up (like stupid stuff that you don't know and will never use, only on FCAT)Here are some sites that might help:www.coolmath.comwww.fcatexplorer.com
If the creditor gets a judgment against an incorporated business, then yes. If the business is a sole proprietorship, then it is a bit more complicated. Certain property of an individual debtor cannot be taken by creditors. This includes money earned for personal services within the past 60 days to...
Yes. The real question, however, is whether it is enforceable. Every state has laws governing the outside date when liens can be filed, and how long the contractor can wait before filing suit to try to enforce it. But you should look at the deed that you got at closing. Depending on the kind of deed...
If you are unable to pay your assessments, you can sell other assets, obtain a loan or by some other means, come up with the money. Friends, family, a bank -- all are potential options. Your condominium assessments pay for amenities, insurance, reserves contributions and utilities that you enjoy....
You need to speak to a lawyer (attorney) about this, the lien needs to be removed or you will have trouble selling the property in future. You will need to prove when you purchased the property and that you payed for it in full (or with a mortgage).
== Answer ==   Do you mean bidder down? if that is the case it means the next highest bid.     == Answer ==   There are 5 types of bidding systems when bidding on tax liens... 1) Bid Down the Interest - means that the state sets a maximum interest rate for bidders at the auction, but...
HOA fees are based on a variety of things. The management association bidding to run an HOA determines the hard costs of things like utilities, landscaping, pool maintenance, administrative costs like attorney fees, billing and postage plus any other required overhead. They then add on their profit...
The owner cannot mortgage or sell the property until the lien is paid.
The lender will require that the lien be paid off with proceeds from the refi if the refi is approved.No. A lien encumbers the property and it cannot be sold nor refinanced without being satisfied or settled before any other financial transaction occurs.
  Metropolitan Property Realizations Ltd is a company under the Freshwater umbrella and does in fact exist at the registered office address - therefore letters, documents, etc. can be sent there.
Yes. There is no limit to the number of liens that can be recorded against a property.
Sure they can, as many as can be filed. There is no limitation as to how many liens can be filed against one piece of property.