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State laws vary but generally, a creditor can sue the debtor in court for any deficiency after the repossession and if successful can obtain a judgment. The creditor can then request a judgment lien from the court and once recorded in the land records the lien will attach to the debtor's real estate.
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∙ 13y ago
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How many years behind do you have to be before a lean is placed on your property?
Any creditor that has obtained a judgement against you can attach a lien to any real property you own.
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.
What is a Lian holder?
I think you mean LIEN (not lian) holder. A lien holder is one (an individual or company) which holds the lien to a secured real or personal property.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.
How do you find out if there is a lien on a real estate property you are looking at?
You can have a title company check for you, or you can contact the county where the property is. Liens have to be on file with the deed.
Is a lien on a property considered real or personal property?
A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.
What is the Difference between a mechanic's lien and an artisan's lien?
Artisans lien is against personal property and is possessory. Mechanic's lien relates to real property.
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
What does a lien on real property accomplish?
The property cannot be sold or mortgaged until the lien has been paid.
What is the difference between a lien on property and lien on a person's name?
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
How do you file a claim or lien against a company who did not pay the account payables?
You can't just file a valid lien against a company. You have to have a statutory right to a lien on specific property. Therefore, unless you made improvements to their real estate, or did work on their vehicle, or are their attorney, or provided medical services, the only way you can claim a valid lien is to first sue the company and obtain a judgment. Then the judgment can be a lien against the company's real estate and you can also execute against its assets.
