If it is a Mechanic's Lien then no judgment is necessary for it to be implemented. If it is not, the person will need to file a petition with the court in which the judgment lien was filed to have it lifted. In most cases the injured party can ontact the office of the clerk of the court where the judgment was granted to obtain filing information and forms. The best option is to obtain legal advice before taking action. Most attorneys offer free or minimal fee consultations to discuss options. While I agree with the above, as the local recorders office, (town,county etc)is generally restricted to recording things that have met certain qualifcations to be recorded - or perfected - against a property, asking that office why it was allowed to be recorded would be a good first step. If it was intended to be recorded against another property and is a clerical error, they will probably just fix it. If the party had qualification to record it, even if you feel it isn't worthy, then you should seek help to clear it, which may well mean paying off whatever they have against you. If they actually had no just cause, and were just doing so to harrass or strongarm you, you may get an award for damages, and they may have other legal problems. Finally, just to clarify: Mechanics and Workmans liens attach to the property immeadiatly upon the work being done. Therefore they may be against a property when you do a title check, but not able to be seen. They do however need to be recorded within 30 days of the work, (generally, most areas) which can even be after a new owner has taken title. Again, generally to record or perfect them, you must present documents like certified mail receipts of demands for payment.
To get a erroneously placed lien removed from your IRS record, you would need to first try to resolve it with an IRS supervisor. If that does not work you will likely need an attorney to do it.
You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.
The government has statutory powers to place liens against property: local, state and federal liens can be recorded without court judgments. A court decree may be required to foreclose on those liens, take possession and sell the property.
Civil judgments are good for 20 years in many jurisdictions. All you can do is try to wait out the creditor and hope it doesn't move to seize your personal property such as your car or bank accounts. You can't sell or mortgage your real property if a judgment lien is recorded against you in the land records until the lien has been paid.
A hospital can petition the court for a judgment on an unpaid hospital bill. If successful they will obtain an execution against the property that will be recorded in the land records. The property cannot be refinanced or sold without paying the lien off. If the lien is substantial the hospital can sieze and sell your property to satisfy the judgment. You should seek the advice of any free legal assistance offered in your community to see what your options are.
Yes. Liens against real property must be recorded in the land records. Any property owner can visit the land records office to check if liens have been recorded in their name or against their property. An involuntary lien that affects real property must be recorded in the land records. Involuntary liens attach to real property without the consent of the owner. Examples are judgment liens, income and property tax liens, municipal assessments, etc. Notice by mail or service by a sheriff is given to the delinquent or debtor when a creditor has commenced a court action to collect a debt. If a judgment lien was issued the debtor had notice of the hearing. Also, a property owner knows when they have defaulted on a mortgage. An owner knows when they haven't paid their income taxes or real estate taxes. They have received notice long before a lien is recorded. Any property owner in financial trouble can check the land records to see if any notices or liens have been recorded. Voluntary liens against real estate such as mortgages, conservation restrictions, timber rights, etc., must also be recorded in the land records.
You must petition the court for a judgment on an unpaid debt. If you are successful the court will issue a judgment that will empower you to sieze any property to satisfy the debt. In Massachusetts the sheriff has the authority to enforce the judgment.
The lien will encumbered the entire property unless it is against only one spouse and the state in which the property is located is held by the married couple as Tenancy By The Entirety.If TBE exist, a forced sale of property cannot be ordered without the agreement of the non judgment spouse. Voluntary sale, transfer of deed, refinancing, etc. via the non judgment spouse is generally allowed subject to conditions and approval by the court.
You can't satisfy a judgment for restitution without paying. That is the exact opposite of what the judgment is for. You can only erase a judgment by satisfying it.
Without knowing the facts in your case I will post a Statute from New York dealing with a Levy on Real Property. Insofar as I can tell, and without knowing your situation here is a New York statute that may answer your question:Â§ 5235. Levy upon real property. After the expiration of ten yearsafter the filing of the judgment-roll, the sheriff shall levy upon anyinterest of the judgment debtor in real property, pursuant to anexecution other than one issued upon a judgment for any part of amortgage debt upon the property, by filing with the clerk of the countyin which the property is located a notice of levy describing thejudgment, the execution and the property. The clerk shall record andindex the notice against the name of the judgment debtor, or against theproperty, in the same books, and in the same manner as a notice of thependency of an action.Here is a link to this Statute: http://caselaw.lp.findlaw.com/nycodes/SLCVP0A52.htmlI need more facts. If you supply them perhaps I can be more definitive. Just send me an e-mail at email@example.com.
Unless the debt is proved to be invalid there are not options to avoid a property lien once the creditor has obtained a judgment if that is how the creditor chooses to enforce the judgment writ. The one exception might be property held as Tenancy By The Entirety by a married couple. Please be advised that a Mechanic's Lien for repairs and/or improvement on the property can be filed without the due process of a lawsuit.
No. You cannot "remove" a lien without paying the amount due and recording an appropriate discharge from the creditor. The only other way a lien will become inactive is when the statute of limitations has passed and the creditor has not recorded an extension of the original lien. For example, In Massachusetts a recorded attachment is good for six years. If the creditor wants to continue the lien, an extension must be recorded before the six year period expires. If not done, the attachment will be no longer effective.
No, they most certainly cannot. You would file in civil court to have your belongings returned and they would probably counterclaim for monies owed. In the end, the judge would sort this out and the landlord would have to return the properties he took without permission and would receive a judgment for the monies you owe for rent. But no, they cannot just take your personal belongings without permission for any reason.
By passing judgment without knowledge of what your judging. But then again who are we to pass judgment?
The lender can obtain a court judgment and a lien can be recorded against your real estate. The property can't be mortgaged or sold without paying the lien. If the debt is large enough the creditor could force a sale of the real estate. You need to check your state laws.
You don't need to have your own deed as long as it was recorded in the land records to prove you are the owner of the property. When you transfer your property to a new owner your attorney will draft a new deed that transfers your interest in the property.
The person whose property is encumbered will need to pay the judgment lien or file a lawsuit requesting the lien be removed valid proof that the lien is without merit will need to be presented at the hearing.
No, not without their written, recorded agreement.Otherwise you are simply a volunteer having paid the taxes.
bank mortgage was never recorded with the county. what happens
Judgments are expunged from credit reports after seven years. However, the judgment itself is generally valid until it is paid in full or satisfied in accordance with the judgment holder's agreement. Judgments both domestic and foreign (meaning outside the state of residency not the U.S.) are valid from 5 to 20 years and the majority are renewable. This allows the judgment to be interminable and to be executed at any given time without notification to the person to whom the judgment is against. A judgment that has been perfected as a lien against real property may permanent until paid and may not have to renewed, however in other states it may have a definite term and may only be renewed a limited number of times. As an example, in the State of Florida a judgment lien on real property is good for 10 years and may be renewed for another 10 years. If the underlying judgment is about to expire, the judgment creditor in Florida can sue again to get a new judgment, but that judgment's real property lien(s) does not result in "tacking" to the real property lien(s) under the original judgment, and the loss of lien priority may mean that the judgment creditor doesn't get any proceeds from the property. In addition, the new judgment cannot be used to create a Florida lien on personal property (which are limited to 5 years and 5 years and cannot be renewed any further under any circumstances). State judgment and lien laws are subject to many, many quirks and even experienced attorneys and courts themselves are often confused by them.
It wouldn't make any sense to do so. The executor is the only one with authority to deal with the real property. To file the deed without their knowledge would prevent the property from being resolved.
The laws vary in different states. Generally, if a lien arises as a result of the judgment the lien is effective as soon as the judgment is recorded in the land records. In some states such as Massachusetts, a lien can arise from a probate and family court judgment without its being recorded in the land records. In Massachusetts, title examiners must check the probate and family court records as part of the title examination to determine if any such liens exist.
That depends on the laws in your state. Generally, if the debt is large enough to justify the cost of a siezure and sale and if there is enough equity in the land the judgment creditor could sieze the land and keep it or sell it. However, if there is a recorded mortgage prior to the judgment the land will be subject to that mortgage. On the other hand the judgment creditor could simply record the judgment lien in the land records and keep it updated. Under those circumstances you couldn't refinance or sell the property without paying the lien.
Yes if they have been awarded a court judgment in that state. This means that you CANNOT sell this home without first paying off the judgment plus interest accrued since the judgment was first awarded. There is no time limit on how long a lien can stay on a property.