Only if you want clear title to the property. If you fail to clear the lien, the property can be sold from under you. If the lien holder does not forclose you will still not be able to sell the property until the lien is satisfied. Just pay the debt, especially if it is valid. When you inherited the property, you inherited the debt.
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
In general you are only responsible for your own debts but you need to get this sorted out properly so you need to see a solicitor (attorney) to get this cleared up.
If they hold a mortgage or a lien on the property. Home owner's associations often have required dues and if they are not paid, a lien can be placed on the property.
They can petition to put a lien on the property. All they need to do is prove to the court that the money is owed.
Yes, you can, but the new owner will then be responsible for lien. Encumbered property can be sold if the owner is willing to assume responsibility for the lien.
If a lien for unpaid dues was recorded against the property prior to the recording of the mortgage that was foreclosed, that lien would survive against the property and would have to be paid when the property is sold. If no lien was recorded then it is likely the HOA is out of luck. The HOA could try to sue in court but the likelihood of collecting from someone who has lost their home by foreclosure is not good.
Yes. A child support lien can be attached to any property you own.Yes. A child support lien can be attached to any property you own.Yes. A child support lien can be attached to any property you own.Yes. A child support lien can be attached to any property you own.
Read your governing documents where the authority to lien and process for establishing a lien are all written out. Work with your association's condominium-savvy attorney to file the lien and pursue collecting the debt.
If the homeowners' association has recorded covenants and/or bylaws against the home in question, and the dues required by the covenants and/or bylaws have not been paid, a lien can be filed immediately in most cases, regardless of foreclosure or sale of the property. However, to ensure that the lien paperwork is filled out correctly (and avoid thousands of dollars in attorney fees should the homeowner challenge the lien in court), the homeowners' association should hire an attorney to prepare the lien documents.
A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.
A lien can only be filed after due process of law has been followed. If there is no money owed to the plaintiff, a lien against any of the defendant's property would not be valid.
Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.
I believe that a lien on a property stays with the property, not with a person. The purchaser of the property will be responsible for any liens to get a clear title.
Let me see if I've got this right... the ex-husband inherited property from his deceased mother. If the ex-wife has no claim to that property, she cannot put a lien on that property. Now if she were awarded a portion of that property in the settlement, and agreed to sell her portion to her husband, she could retain a lien on it until it was paid off, but I'm not getting the impression that's the case here. Basically, if it was never yours to begin with, you have absolutely no justification to try putting a lien on it.
If money (i.e.; mortgage/mechanics lien/taxes/etc) are owed on the property it makes no difference whether it is inherited or not. It would have been inherited SUBJECT TO the liens and encumbrances.
The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.
According to NOLO, below: "A judgment lien in Louisiana will remain attached to the debtor's property (even if the property changes hands) for ten years." If your lien is of a different type, you can use the site's legal research section to find the answer you want.
AnswerYou haven't explained the reason for the lien. If the beneficiary owes the siblings any money and refused to pay they can sue in court for the debt and obtain a judgment lien on the property.
When property has a lien on it, the property cannot legally be sold until the lien is paid.
You don't have to accept it. If there is a lien against the property, you would be responsible for it. Maybe you could sell the property, pay it off and keep the rest.
There is a lien or was a lien on the property and the lien was sold to a 3rd party such as an attorney
Tax sale property has a quit claim deed. Any liens on the property, mortgages, from the previous owner will remain on the property. You would be responsible to pay off the lien or the lien holder would foreclose.
Read your governing documents -- CA can be either California or Canada -- to identify the association's responsibilities that surround filing a lien on your title.
Not necessarily. A lien is for a debt which is secured by the property. It might be for a loan the owner got, or it might be for work done by a contractor who wasn't paid (mechanic's lien). If the debt is in default, then the property might be subject to being sold to raise money to cover the debt (the property owner would keep any proceeds over the amount of the lien). Or, the lien may simply lie dormant until the owner wants to sell, and hinder the sale until it is satisfied. In Texas, if the home is your Homestead. It cannot be taken from you whether or not you have a lien unless that lien is a Mortgage lien or property tax lien. If it is a Mechanic's Lien, meaning that there was work done on the property and the debt is unpaid, that person may file a lien of the property. In this case, if and only if you are selling the property, must the lien be satisfied. In some cases the person who performed work on the property my sue for the balance which may result in your having to sell the property to satisfy the lien. When you close on the property at a Title Company, all liens are paid before clear title can be transferred. In either of the aforementioned scenarios the lien will be satisfied. In general, the homestead of an individual is safe from any creditor unless it is for mortgage default or for failure to property taxes of any kind which in some cases also includes Home Owner Association dues.