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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.
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Can a person in Illinois file a property lien on a persons property in Tennessee for money owed?
Sure, but the creditor would have to place that lien on the debtor in Tennessee. It might even be necessary to file the lien in the county where the debtor lives, or where the property is (if it is different than the debtor's residence). Keep in mind that lenders do this all the time for automobiles; GMAC is headquartered in Detroit, Michigan, but if you live in New Mexico and borrow from them to purchase a car, the lien will be files in New Mexico not Michigan.
Can a lien be placed on house after it is put up for sale?
Yes. A lien can be recorded against real property right up until the moment the new deed is recorded transferring the property to the new owner.Yes. A lien can be recorded against real property right up until the moment the new deed is recorded transferring the property to the new owner.Yes. A lien can be recorded against real property right up until the moment the new deed is recorded transferring the property to the new owner.Yes. A lien can be recorded against real property right up until the moment the new deed is recorded transferring the property to the new owner.
Can a lien hinder the transfer of land title?
If there is an existing lien on your property you can transfer the property to a new owner but the land is still subject to the lien. The new owner would have to pay the lien. Take care if the lien is a mortgage. In most cases the transfer of a property encumbered by a mortgage will trigger an immediate demand to pay off the mortgage. A property tax lien for delinquent taxes gives the town legal title to the property. You should also make sure your grantee is aware of the lien as it may have a detrimental affect on their use, enjoyment or continued possession of the property. Especially if a title examination will not be performed.
How do you determine the priority of one mortgage and charge over the other?
Liens on real property are prioritized according to the time of their recording in the land records. In some cases a senior lien holder will agree to subordinate their lien to a new lien, by a recorded instrument, allowing the new lienor to take priority.Liens on real property are prioritized according to the time of their recording in the land records. In some cases a senior lien holder will agree to subordinate their lien to a new lien, by a recorded instrument, allowing the new lienor to take priority.Liens on real property are prioritized according to the time of their recording in the land records. In some cases a senior lien holder will agree to subordinate their lien to a new lien, by a recorded instrument, allowing the new lienor to take priority.Liens on real property are prioritized according to the time of their recording in the land records. In some cases a senior lien holder will agree to subordinate their lien to a new lien, by a recorded instrument, allowing the new lienor to take priority.
Does a lien on property mean it has to be sold in California?
A lien is paid out when the property is sold. It will come out of the proceeds paid to the seller for his recorded lien before a clear title can be issued to the new buyer. Otherwise, it just sits there as a matter of record.However, if the lien is large enough to be worth the trouble of foreclosing on it, the creditor may force the sale of the property to pay the lien.
If you have a lien placed on your house does this mean you can't refinance your mortgage OR buy a new home until that lien is removed?
The lien doesn't usually affect after-acquired property unless it's an income tax lien. You cannot mortgage, refinance or sell the property against which the lien was recorded. That is exactly the purpose of recording a lien in the land records.
Does Homeowners lien carry to the new property owner?
Yes, it belongs to the land and not the owner.
Neighbor's fence is on your property in New Mexico what can you do about it?
If the neighbor's fence is on your property in New Mexico, you can ask them to remove it. If they refuse, you can take them to civil court.
What does is mean to have a lien on ones property and tenets?
A lien is a security interest in the property. A lien might arise from a loan. If you buy a car with the bank's money the bank will put a lien on the car. If you don't pay the bank back, it can foreclose on its lien and take the car from you. If you have a roofer add a new roof to your house, and you don't pay him, the laws allow the roofer to put a lien on your house. The roofer now has a stake in the house. If you don't pay off the lien your house can be forcibly put up for sale in order to satisfy the lien. I believe "property and tenets" translates into modern speak as "property and belongings".
Does a deed for property complete ownership if it hasn't been recorded yet in NJ?
No. Only you and the grantor know you own the property. You need to record your deed in the land records to notify the public that the land has a new owner. If someone records a lien against the record owner before you record your deed the land will be subject to that lien as long as your deed has not been duly recorded.No. Only you and the grantor know you own the property. You need to record your deed in the land records to notify the public that the land has a new owner. If someone records a lien against the record owner before you record your deed the land will be subject to that lien as long as your deed has not been duly recorded.No. Only you and the grantor know you own the property. You need to record your deed in the land records to notify the public that the land has a new owner. If someone records a lien against the record owner before you record your deed the land will be subject to that lien as long as your deed has not been duly recorded.No. Only you and the grantor know you own the property. You need to record your deed in the land records to notify the public that the land has a new owner. If someone records a lien against the record owner before you record your deed the land will be subject to that lien as long as your deed has not been duly recorded.
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns 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.
