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The creditor must be paid at the time of the closing. Therefore, when you take title, the property will no longer be subject to the lien. Clearing liens is the responsibility of the closing attorney. It is the reason a prudent attorney (and a prudent buyer) makes certain a comprehensive title examination is performed prior to the closing.
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∙ 14y ago
Wiki User
∙ 11y agoIf you are referring to real property, the buyer will insist that the lien be paid before they take title if they have the title examined before they buy. If they do not have the title examined and you convey the property by deed, they take the property subject to the lien. It remains on the property until it is paid or until it expires by law.
If you are referring to a car loan, it should be listed on the certificate of title and the buyer should be aware of its existence when you try to transfer the title to the vehicle. You need to disclose the lien.
Wiki User
∙ 13y agoYes you can, but it may depend on the lender and the type of lien on the property.
For example if I have my first mortgage (1st lien) with Washington Mutual, I can still go to Gateway Bank and obtain a second mortgage or a home equity line of credit.
If on the other hand I have an outstanding IRS tax lien against the house, a lender may refuse to make loan until the lien is satisfied.
elcinoca
Wiki User
∙ 9y agoYes, 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.
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∙ 14y agoLiens are filed against properties, not people. Judgements are filed against people. You can buy without paying a lien on a different property, but not without paying a judgement.
Wiki User
∙ 7y agoYou have to pay off your bills. That is why these people put a lien on your house.
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What is judgment debt on property?
If someone has taken you to court and won a money judement in their favor the court will issue a judgment lien that can be recorded in the land records against your real property. You cannot sell or refinance your property until the lien is paid. The lien affects any property you may own. If you have no real property the sheriff can sieze any personal property you own in order to satisfy the lien.
Can you sell off acreage if it is on a lien I own 40 acres the house is on 20 acres and the other 20 acres is plotted ready to sell can I sell off the 20 acres?
The property is subject to a lien. The question isn't whether you can sell it. The problem is that the buyer won't buy the property as long as there's a lien on it. Your attorney will need to negotiate a partial release or a full release with the lienholder if you will pay off the lien, or half of the lien, out of the proceeds from the sale of the 20 acres. If you don't pay the lien in full and the lienholder agrees to a partial payment then the lien will still be an encumbrance on your remaining property.
Can you go around a lien on your property?
No. The purpose of a lien is to notify the world that you own someone money. When recorded against your real property it serves notice to a potential buyer or lender that the property is already encumbered. You cannot sell or mortgage the property until the lien is paid. You need to go around and pay it off.
Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
What is the cost of placing a lien on property willed to you if trying to own it and can you go to the courthouse and place a personal lien on the property that is yours according to a will?
Not sure why you want to put a lien on the property. If you have been left the property, you shouldgo and get the deed. In order for the individual to leave you the property, they had to be named in the deed. In order for anyone to sell it after their death, they are going to have to get the probate court's permission. And the only person they will allow to sell it is the executor or the person it was left to. I would consult an attorney for the jurisdiction where the property is.
Can a spouse sell any personal property while they are separated?
If the property rightfully belongs to the spouse, then yes they can sell it. If they do not rightfully own the property, then they cannot legally sell the personal property.
You co-signed a mortgage for property you don't own. Can a lien be placed on that property for your own personal debt?
No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.
Can you lose your home if you have judgments against you?
Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.
Can you put a lien on a car if you have the title?
That would be counterproductive if the title you hold is in your name. If you are holding the title for someone else, a lien would only make a difference when they sell the car--and it has to meet certain criteria.AnswerNo. You cannot place a lien on your own property legally since there is no separation of title. A lien gives the lien holder a legal interest in the property of another. If you are holding property in your name for someone else, the title is in your name and you cannot place a lien against it.
What property can they lien if I don't pay my HOA Fees?
Generally, the association will work with its counsel to file a lien on your property that you own within the association.
How can you have lien against you when you don't own property?
A creditor who sues you for a debt can obtain a judgment lien against you that is good for a number of years. It can hold onto that lien until you do own property and then move against you to seize it to satisfy the debt.
Can you sell a house without the co-owner's permission?
No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.
