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Liens

The right of a creditor to sell collateral property when a debtor defaults on their loan

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How much does it cost to place a lien on someone's property when they owe you money?

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Asked by Wiki User

The cost of obtaining a lien depends largely on the type of propery, the type of debt, whether you obtained a security agreement and whether the law grants you any special status to file a lien without going to court like a mechanic's lien. If you are a secured lender, you already have a lien. If you have special status like a contractor, you may be able to record a lien for a small fee or assert a lien by keeping property already in your possession. If you are unsecured, you may need to file a lawsuit and get a judgment lien after you win the case. The actual cost could range from a few dollars to hundreds or thousands of dollars if you have to sue in court first.

Can a judgment lien apply to all properties I own?

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Asked by Wiki User

A judgment lien can typically apply to all properties you own, including real estate, vehicles, and other assets. The specific laws regarding judgment liens vary by jurisdiction, so it's important to consult with an attorney to understand how the laws in your area may apply to your situation.

Can a construction lien appear on your credit?

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Asked by Wiki User

Yes, a construction lien can potentially appear on your credit if it is filed against you. A construction lien is a legal claim placed on a property by a contractor or supplier who has not been paid for work or materials provided. If the lien is not resolved and a lawsuit is filed, it could potentially impact your credit report and score.

Are there hospital liens in Mississippi?

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Asked by Wiki User

Yes, Mississippi allows hospitals to place liens on personal injury settlements to recover unpaid medical bills. This lien gives the hospital the right to be paid out of any settlement or judgment that the patient receives in a personal injury case where the hospital provided medical treatment. The lien allows the hospital to recoup its costs before the patient receives any funds.

Must a lien holder notify the owner of the property of his intent to foreclose?

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Asked by Wiki User

In most cases, lien holders are legally required to notify the owner of the property of their intent to foreclose. This notification is typically done through a formal process, such as mailing a written notice or serving the owner with legal documents. The specific requirements and procedures can vary depending on the jurisdiction and the type of lien involved.

Where do you get a Lien release Toyota motor credit corp?

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Asked by Wiki User

Good Luck! I have tried to get a lien relese for 3 weeks and they have done nothing but give us the run around and be completely useless! It is outraging to deal with these people. First they would not let us pay it off early. Finally we were able to pay the remaining balance (with no help from customer service). The car has been paid off for 3 weeks and they still refuse to send the release although we have jumped through every hoop they came up with. It is ridiculus that this company is allowed to conduct business in such a way. I will NEVER have another Toyota again!

_____________

My experience was completely different from the angry person who offered the previous answer. I paid off my Toyota (two years early) and received all paperwork showing the vehicle was free and clear within a week through the mail. If you've paid off your vehicle and it's been a couple of weeks, I'd suggest a phone call to customer service (number's in your owner's manual). Treat the representative like you'd want to be treated and I predict service will be swift and satisfying.

Cheers

How do you obtain a Mechanic's Lien in the state of Ohio?

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Asked by Wiki User

FIling a mechanic's lien is a multi-step process that will vary depending on whether you are a contractor, subcontractor, supplier, laborer and whether a Notice of Commencement was filed and whether the project is residential, commercial or public (State or local-Federal jobs are COMPLETELY different). I am an attorney in Cleveland, Ohio. A large part of my practice is mechanic's liens. On private construction projects the process, from the lien claimant's perspective, assuming that a Notice of Commencement was filed, starts with the service of a Notice of Furnishing (for full lien rights, within 21 days of your first work on the project. Next, assuming that you haven't already waived your lien rights by recklessly signing lien waivers with the payments that you may have received, the lien is prepared and filed with the County Recorder within 60 days of your last day of work on a residential project and within 75 days of your last work on the project for commercial. After the lien has been filed it must be served on the project owner within 30 days. Service can be completed by several different methods, the most common of which is sending it via certified mail. It may also be served by over night courier Sheriff or another process server, essentially any way that returns a signed receipt. If it cannot be served within that 30 day period, there is an additional 10 day period to perfect the lien by posting it on the project. This is a seldom used step. Liens on State or local construction projects also have a Notice of Commencement and a Notice of Furnishing with the same time periods. The deadline for serving the line on the public authority is 120 days from the date of your last work on the project, however, your lien not against the improved real estate as it is in private work, but is against the money still owed by the public authority to the principal contractor. If the contractor has been paid, you have no lien rights, even if you still have time left to file. After the lien is served on the public owner, you have to file it with the county recorder within 30 days to perfect the lien. If you are not in direct contract with the principal contractor, you will also have to serve a copy of the lien on your prime contractor, advising them that they have the right to serve a notice of intent to dispute your lien with the public authority. Mechanic's lien laws are usually strictly construed, so you need to complete each step perfectly. I recommend that if you don't know what you are doing, that you find an attorney THAT KNOWS HOW TO FILE MECHANIC'S LIEN (all attorneys are not equal and the cheapest is not always the best).

If there is a lien on your house can you sell the house?

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Asked by Wiki User

The lien must be paid at the time of the sale. You can sell your house, but the title company will pay the lien out of your proceeds or require you to come to the table with the money if there is not enough received from the sale. This is because they need to provide clear title to the house to the new owners.

How do you do a mechanics lien?

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Asked by Wiki User

any lien is challengable in superior court or small claims, depending on amount of lien.

What does a sign pro-forma to perfect lien only mean in Texas?

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Asked by Wiki User

Normally a non-borrowering Spouse will Sign Pro-forma on a loan involving a Homestead. All owners and spouses must be put on notice that lien is being placed on the Homestead. So even if the Spouse isn't named in the property records as an owner, they must sign the Deed of Trust "pro-forma" to insure it is a valid lien on the property.

How do you put a mechanic's lien on a motorcycle?

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Asked by Wiki User

You don't.

A Mechanic's Lien is a legal instrument that can be used by a contractor, business or person who has made improvements to real property. For example, a company installs windows in a house and the homeowner who contracted the service does not pay the bill, the contractor can then file a Mechanic's Lien against the property where the windows were installed by recording the lien in the land recorder's office in the county where the property is located.

That is actually not true. A mechanics lien is a lien that can be put on any type of vehicle due to an unpaid bill for the services that you receive. For instance, if you take your vehicle to a shop and then fail to pay them, they can put a mechanics lien on it until the balance and services are paid for in full. That is why it is called a "mechanics" lien. If you are not a licensed mechanic, you cannot put a mechanics lien on anything. However, you can go to your local county courthouse to file a standard lien.

When a car is repossessed in Minnesota what are the laws?

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Asked by Wiki User

Iowa TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Iowa Office of Vehicle Registration, P.O. Box 9278, Des Moines, Iowa 50306. Tel:(515)237-3077. RECOVERY REQUIREMENT: After Twenty Day Right To Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace. PLATES: Remain with the debtor. http://www.iowa.gov/ http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/titles.html

Is Nevada a title theory state or a lien theory state?

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Asked by Wiki User

Nevada is a lien theory state. In "title theory" states, actual "legal title" to the property temporarily passes to a trustee to secure the debt. The borrower (grantor), retains possession rights and "equitable title" and has full use of the property for the mortgage term. When the loan is paid off, legal title is restored without the necessity of a reconveyance. In "lien theory" states, the lender (mortgagee) places a "lien" on the mortgaged real property while the borrower retains both "equitable" and "legal" title.

Does a property lien expire?

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Asked by Wiki User

Most property liens, except local tax liens, expire after the statute of limitations has run. You would need to check the laws in your jurisdiction for the particular lien to determine how long it can be effective.

Is North Carolina a title theory state?

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Asked by Wiki User

Yes, Tennessee is a title theory state. See www.title.grabois.com.

How long is a property lien for in New Mexico?

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Asked by Wiki User

The lien stays with the property until it is paid. You cannot sell a car or a house, for instance, until the lien is paid and you have clear title. Usually the lien on a house is paid for at closing, either from the proceeds of the sale or money that you bring to the table.

What is the Statute of limitation for judgment in New York?

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Asked by Wiki User

The usual time limit is ten years at a maximum of 8% interest. N.Y. does not allow most judgments to be renewed.

A judgment in New York is valid for twenty years. During that time it can enforced against a judgment debtor's income and assets.

A lien of a judgment resulting from the docketing of a judgment with the County Clerk is good for ten years, and can be renewed for another ten years.

What do you do if you get sued for repossession of a vehicle?

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Asked by MArtin

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Your credit will also be ruined for 7 years.

What is a homestead exemption in Texas?

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Asked by Wiki User

No, the Texas Homestead Exemption cannot be waived as it is a constitutional right.

The only ways to lose the exemption are death, abandonment of the property, establishing another homestead, or sale/transfer of the property.

How can you legally get rid of a firearm in Florida?

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Asked by Wiki User

If this is a firearm you bought or inherited and are legally possessing the best thing to do is to sell it to a FFL dealer. Any gun shop will have this license and will be able to help you.

If you found the firearm or are unsure of where it came from the best thing to do is to surrender it to the local police with an explanation of how you came by it. Police may run a trace on the gun to see if it has been stolen.

In either case, be sure to wrap or case the firearm before taking it anywhere. Both gun shops and police stations frown on people walking in the door gun in hand.

If you are familiar with the operation of the firearm, and are sure you can do it safely, unload it. If you have the slightest doubt, leave it alone, don't touch the trigger, do not point the barrel at anyone, and be sure to tell the police officer or gun dealer that you have no appropriate experience and that you are not sure if it is loaded.

How do I check for liens against house?

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Asked by Wiki User

You can visit the local land records office and check under the owner's name for liens. To find the land records depository in your jurisdiction do an online search using your state, county + land records. There may be an online data base available.

How do you lien a house in Canada?

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Asked by Wiki User

I can only assume you are asking how can someone put a lien on a home in Canada? The owner of the home would have to owe you or the government a lot of money before you could put a lien on their home and even if it was a private affair I'm not 100% sure a private party can put a lien on someone's home. It's usually banks and or money owed to governments who put liens on a persons home.

Where did coffe come from?

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Asked by Wiki User

Coffee originates from Ethiopia in east Africa.

The coffee bean was also originally cultivated in this area.

What did homesteaders do?

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Asked by Wiki User

Deer, rabbit, squirrel, raccoon, possum, buffalo, bear, berries, fruit, and any vegetables & corn they could grow.

What is the law on pickpocketing in Louisiana?

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Asked by Wiki User

Larceny is an intentional and unlawful taking of a person's property. If you are charged with petty larceny, up to 500 dollars in theft, your sentence may be less depending on if there are any other charges that are attached to your case. However, if you commit grand larceny, over 500 dollars in theft, you are likely going to be facing jail time.