When you purchased your home in the association, you agreed -- in writing with your signature -- to abide by the governing documents.
Placing a lien on your home may indicate that you have failed in some way to honour your obligations to the association.
You can hire an attorney to challenge the lien. Be prepared to offer evidence of your non-failure to honour your obligations, or some evidence that you have not signed some agreement that you believe is required in advance of the lien action.
ClarificationHomeowners Associations are set up in the recorded documents that govern a fixed community whether it is a community of condominiums or free standing dwellings each on its own lot.
By your acceptance of your deed, your property is subject to any rules and regulations, by laws, fees, dues, special assessments, or restrictions that were set forth in the governing documents including those that created the HOA. The HOA generally does not need your additional consent since you purchased your property subject to the HOA.
The answer to your question is yes.
It can record a notice of outstanding common charges due to notify any potential buyer or lender of the past due charges and then obtain a judgment lien by bringing a lawsuit against you.
No. Only the IRS and/or state tax agencies can place a lien against real property of the person who has tax arrearages. Also, only the IRS or States can get a lien filed without going to court.
Your first step should be to contact an attorney. Beware of self-help lien forms that are on the market. These will work fine if you are experienced in your state's real estate laws. If you are not experienced, even a small mistake can be grounds for voiding the lien and an award of attorney's fees in favor of the person who owes you money.
Yes. Your creditor can seek a judgment lien in court.
If a foreclosure is necessary for a 2nd home, will a lien be put on the first home?
You should be able to obtain a judgment lien from the court and record that lien in the land records. The owner then couldn't refinance or sell the property without paying off your lien. If there are other liens on the property they would have priority over yours.
Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital home unless the husband and wife both hold title as a husband and wife.Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.
The only way a person can obtain a lien on a home is for the homeowner to agree to the lien in writing or the lender must sue the homeowner in court for non-payment of the car loan. If they win they can request a judgment lien from the court and that lien can be recorded in the land records. The property cannot be sold or mortgaged until the lien is paid off.The only way a person can obtain a lien on a home is for the homeowner to agree to the lien in writing or the lender must sue the homeowner in court for non-payment of the car loan. If they win they can request a judgment lien from the court and that lien can be recorded in the land records. The property cannot be sold or mortgaged until the lien is paid off.The only way a person can obtain a lien on a home is for the homeowner to agree to the lien in writing or the lender must sue the homeowner in court for non-payment of the car loan. If they win they can request a judgment lien from the court and that lien can be recorded in the land records. The property cannot be sold or mortgaged until the lien is paid off.The only way a person can obtain a lien on a home is for the homeowner to agree to the lien in writing or the lender must sue the homeowner in court for non-payment of the car loan. If they win they can request a judgment lien from the court and that lien can be recorded in the land records. The property cannot be sold or mortgaged until the lien is paid off.
No, the lien company files papers with the courts and can get the title without you.
If it is credit card debt, the lien is invalid, but if you or your mother ignored a complaint about the debt and failed to object to the lien, you may have to do something about it in the court that granted the lien. If you live in a state where a credit card lien can be obtained without a court order, you will have to take some other legal action. If you fail to have the lien removed, it will come back to haunt you if you want to refinance or sell the property, or if you die.
Check with the court that issued the judgment and ask how you can have the lien recorded in the land records.
YEP!
You can give back the home to the lien holder without going through foreclosure. You just need to make arrangements with the lender. It is not smart at this point to surrender your house after so many payments.