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When an auto is sold in a lien sale does the claimant have rights to anything more than the auto?
Wiki User
∙ 19y ago
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.
Wiki User
∙ 19y ago
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Can you dispute a mechanics lien on your property in Arkansas?
Yes. You can file a lawsuit to challenge the lien or you can wait for the claimant to sue to enforce the lien and challenge it then.
What is the difference between a transfer of lien and release of lien?
A transfer of lien assigns the lien claimant's position in the lien to another party. A release of lien discharges the lien and makes it not appear on a title policy issued for the property.
What is an auto lien?
An auto lien means that another person has a claim to the auto too. It is not owned outright. Auto liens are usually entered into when an auto purchase is financed through a bank or other creditor. These are mutual agreements made during the sale and the lien is entered in the county recorder's office for the record. If you wanted to sell the auto before fulfilling your loan agreement and having the lien discharged, then the 1st lien holder (usually the bank) has specific rights to any proceeds from the sale before anyone else, including yourself.
How do you appeal a mechanics lien?
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 by filing a lawsuit yourself for declaratory judgment. The declaratory judgment is fairly uncommon for this purpose, I have seen it done once since I have started practice in 1984. The Mechanic's Lien statute offers the project owner only one strong way to contest the lien. That is by forcing the lien claimant to either file a foreclosure action on the lien within 60 days of the date that they were served with the notice or lose its lien rights. The problem with serving a notice to commence suit is that you may get what you asked for. Don't ask unless you are prepared for it. Even if the lien is a bad lien, you will still have to defend yourself in court and try to prove the lien bad. Again in Ohio, if you are a homeowner and the lien is against your residence, you also have a paid in full defense (this defense is not available in commercial projects). You can give notice of payment in full under the statute and turn the statute against the lien claimant as, if they do not release the lien and you prove in court that you are right about payment in full, the lien claimant will be responsible for all of your resulting damamges, including attorneys fees. I have attached some articles that I wrote for the Builders Exchange Magazine that you might find interesting.
Can a lien holder sell the lien to someone else?
Yes. Generally, they can assign their rights under the lien.Yes. Generally, they can assign their rights under the lien.Yes. Generally, they can assign their rights under the lien.Yes. Generally, they can assign their rights under the lien.
Can payment be refused for a real estate lien to keep the lien active?
If the lien demands the payment of money only, and you offer to pay the lien in full (including any interest and costs allowed by law), the lien claimant must release the lien upon such payment. Otherwise, the lien is a slander of title, and you will need to see a real estate attorney.
What is the lien holder address for bank of america auto loans?
what is the address for bank of america auto lender lien holder
If you place a Mechanic's Lien on a piece of real estate for not payment of a debt can the property be sold without satisying the lien?
Technically, the property CAN be sold, but it seldom is, because the buyer will take title to the property, subject to the lien. It is unlikely that a lender will give a loan on such a project. The buyer and seller have four common alternatives, negotiate and pay off the liens, bond the liens off by posting a bond, cash or surety, with the court and having the court void the lien, giving the lienholder security in the cash or bond held by the court, give the lien claimant a notice to commence suit (in Ohio the lien claimant has 60 days to file its foreclosure action or lose its lien rights-if you are trying to void someone's lien rights in this manner, be careful, you might just get sued-just what you told them to do in the notice), and fourth, having the title company insure through the liens. Depending on your relationship with the title company, they MAY consider doing this, but it is not usual. If you are the lien claimant, you will most frequently see this done where the sale is not an arms-length transaction, meaning that the seller and the buyer are somehow related and don't care that they are taking title subject to your lien. I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.
Can you sell the mineral rights to your land if there is a lien against it?
A prudent buyer would require that the lien be paid off before the sale. If not the buyer would purchase the rights subject to the lien.
What are Utah lien laws?
In Utah liens can be filed by persons who are qualified to perform services under an agreement. A lien claimant is not required to pay court costs, attorney fees, or any costs that come as long as the lien is removed within fifteen days of filing.
Can you File Mechanics Lien for unpaid auto repairs in PA?
No, you need to file a repairmans lien.
Can you lien someone's property without a court judgment?
If most cases, the answer is no. However, it depends on the type of lien in involved. In California for example, there are laws that allow a contractor to file a mechanic's lien against property if the contractor has not been paid for work done on the property. However, the lien becomes null & void if the contractor does not file a lawsuit within 90 days after the lien was recorded.
