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A creditor can record a judgment lien on property owned as joint tenants even if the lien is against only one pf the parties. However, on property held jointly by married couples as tenants by the entirety the lien would have to be against both parties.

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โˆ™ 2017-03-26 14:58:05
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โˆ™ 2015-07-15 18:45:15

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Q: Can a lender put a lien on real property that is jointly owned?
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Can a lien be placed on jointly owned property in Alabama?

Whether or not it is possible depends upon how the deed to the property is worded. It also depends upon if the property is owned jointly by a married couple.


Can someone put a lien on your home when it is a personal loan and what if the house is jointly owned and the owners are not married?

A Mechanic's lien can be placed on a jointly owned home without the necessity of a lawsuit. All other liens against real property even that which is jointly owned must be obtained through the prescribed legal procedure (lawsuit) of the state in which the property is located.


Can a property lien be placed on jointly owned property in PA?

Yes, but it will only affect the half interest of the co-owner named in the judgment.


Can a bank put a lien on jointly owned property when only one person is the named debtor in Virginia?

Certainly, there is no reason they can't. They may not be able to foreclose on the property, but if it is sold, the debtor's share will go toward the lien.


Can a lender foreclose on a joint property used as collateral for a mortgage if only one spouse signs?

If it is a mortgage signed by only one owner of jointly owned property the bank can only foreclose on a 50% interest. The interest of the co-owner who didn't sign is free of the mortgage lien.


Is it legal for a lien to be placed on a joint loan if both parties are not on the property for the lien?

Liens are not placed on loans. Liens are placed on the property that secures the loan. If a co-signer who does not own the property secured by the loan is sued for default, the lender could obtain a judgment lien and then use it to take any property owned by that party to satisfy the debt.Liens are not placed on loans. Liens are placed on the property that secures the loan. If a co-signer who does not own the property secured by the loan is sued for default, the lender could obtain a judgment lien and then use it to take any property owned by that party to satisfy the debt.Liens are not placed on loans. Liens are placed on the property that secures the loan. If a co-signer who does not own the property secured by the loan is sued for default, the lender could obtain a judgment lien and then use it to take any property owned by that party to satisfy the debt.Liens are not placed on loans. Liens are placed on the property that secures the loan. If a co-signer who does not own the property secured by the loan is sued for default, the lender could obtain a judgment lien and then use it to take any property owned by that party to satisfy the debt.


Can a lender put a lien on the borrower property?

Yes. In the case of real property the lender always records some sort of lien on the property in the land records that allows the lender to take legal possession of the property if the note isn't paid.Yes. In the case of real property the lender always records some sort of lien on the property in the land records that allows the lender to take legal possession of the property if the note isn't paid.Yes. In the case of real property the lender always records some sort of lien on the property in the land records that allows the lender to take legal possession of the property if the note isn't paid.Yes. In the case of real property the lender always records some sort of lien on the property in the land records that allows the lender to take legal possession of the property if the note isn't paid.


Can a lien be placed on a property jointly owned by 2 people primary house or rental property if one of the owners has a judgment against them by a creditor?

can a property or business be liened if one of the owners, owe debts


Can a credit card company put a lien on jointly owned property when only one person is the named debtor in California?

yes. as long as the debtor holds interest in the property at the time.


When a judgment is executed is it an 'automatic' lien on the debtor's property?

A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.


Can a company repossess a decedent's vehicle and then place a lien against a jointly owned house even if the surviving spouse with right of survivorship was not signatory to the loan?

The lender must obtain a judgment lien and record it before the joint owner dies. Once the debtor has died the real property automatically passes to the surviving co-owner and the creditor is out of luck.


Can you file a lien against bank owned property?

A lien against bank owned property would not be effective unless the lien was against the bank. If you have a lien against the former owner your opportunity to try to enforce it has passed.


Can jointly owned property be seized after a financial judgment?

Property can be seized by a financial judgement even if it is jointly owned. There are however ways to get around this. There are waiver and judgements that can be put into place to protect a spouse or business partner from incurring loss from a lien or judgement. The laws differ in each state so it is always best to consult an attorney on these matters.


Can one have an insurable interest and still not own the property?

Yes, for example a lender that has a lien on the property.


What happens with property when a lien owner dies?

The obligation under the lien is owned by their estate.The obligation under the lien is owned by their estate.The obligation under the lien is owned by their estate.The obligation under the lien is owned by their estate.


Can credit card company put a lien on real property?

Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment debtor.


What is a mortgage lien?

Mortgage Lien - Is a legal claim against a mortgaged property that must be paid or assumed when the property is sold. The person who has the lien on the property can claim the property if the loan defaults. The mortage lien typically belongs to the lender in order to secure the mortgage loan.


Can a judgment lien be placed against property that is in escrow?

It depends upon the nature of the lien and who is the holder of the escrow account. If the property is being held in escrow by the lender, then yes, the placement of a lien is possible.


What is a legal document giving the lender a claim on the property if payment is not made?

Lien


When can a lien lead to foreclosure?

A real estate lien creates a secured debt by providing the lender or creditor holding the lien with a security interest in your property. Although your mortgage lender attaches a lien to your home as a matter of course, any other real estate liens that attach to the property do so because of debts you left unpaid. In certain situations, property liens can result in foreclosure.


If a property is owned jointly and there is a judgment on one of the owners can the property be sold?

A creditor can force the sale of only the debtor's interest in jointly owned property. However, creditors don't often bother to try to sell a half interest in property.On the other hand, if the joint tenants want to sell the property, the lien must be paid off in order to clear the title so the property can be sold. The lien is generally paid from the proceeds of the sale at the time of the closing.In the case of a tenancy by the entirety, a creditor cannot force the sale of the property for a debt made by one of the tenants by the entirety. If the property must be sold by the owners the lien is generally paid off from the proceeds of the sale at the time of the closing.


What does it mean that the mortgage company released the lien on your property?

It means that the lender recorded a notice in the land records that the mortgage has been paid. That notice releases the property from the mortgage lien.


How do you place a lien on a property?

United StatesThe laws vary from state to state. Generally, you must file a lawsuit against the debtor in the civil court of jurisdiction. If you win you can request a judgment lien and it can be recorded in the land records. In most states a lien can be placed against jointly owned property to the extent of the percentage owned by the debtor. The exception is marital property held in TBE when only one spouse owes the debt.The property cannot be sold or mortgaged until the lien is paid.You don't have the legal authority to place a lien on anyone's property. You must go through the court.


If a house is owned by a husband and wife and only one person owes a debt can a collector place a lien on the home?

If the property is owned by the husband and wife as tenants by the entirety a lien for the debt of one will not affect the property.


Can a lien be placed on your home for credit card debt if it is jointly owned and the other party is not responsiblbe for the debt of the cards?

yes