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The debtor is not the owner of the house can you put a lien on the house you did work?
Wiki User
∙ 17y ago
Yes, you may have a lien against the house where you agreed to do work, did work or delivered materials , notified the other party that you had completed your part, and were not paid for it, regardless of whose house it is. In most places it's called a "mechanic's lien" or "construction lien", and can be easily recorded through the locally specified bureau, but must usually be done ("perfected") within a limited time after being denied payment. Each state law has its own variations of forms, limits, and so forth. You then sue to collect on the lien within a prescribed period.
Wiki User
∙ 17y ago
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Can a tenant put a lien on a house he's renting for work he has done without the permission of the owner?
No, there is no contract in place for the work to be done. In order to place a lien, there has to be an agreement of some type to work it out.
If I bought a house 1 year ago can someone put a lien on the house against the previous owner?
It may depend on what the debt was for. If the debt was for home improvements, there may be laws that allow them to do so. If the debt was for any other purpose, such as back child support, or a judgment from a lawsuit, and the debtor is no longer on the deed, they cannot put a lien on the home. Trying to 'trick' the system by selling the house to a spouse or child is not likely to work, either.
Can the lien against my property be released when the the original owner apparently with a tax debt died.?
Assuming you are talking about an IRS lien, then yes. If you were not liable for the taxes, then the lien should not be on your property. The first thing to determine is whether or not the lien actually attached to your property. If the previous owner of the house owned the house at the time the lien was filed, then the lien probably legally attached to the house. If this is the case, this is something you should take up with the title company that did the title work when you purchased the house. More common is that the IRS filed a lien and the address they had on record was still his old house (your house). Just because the lien had that address on it doesn't mean you have a lien on your house. If the property wasn't his, then it did not legally attach. If a title company still has issues with this (if you are trying to sell your house), you may need to get a Certificate of Non-Attachment from the IRS to show them that it's not attached.
How do you put a lien on a house?
Sue the owner, win, and file the judgment with the recorder of deeds, or secure the owner's notarized agreement (for example a mortgage) granting you a lien and file it with the recorder of deeds or perform work on the house and file a mechanic's lien against it or be a governmental entity and file a tax lien, or be a lawyer and handle litigation to help the owner secure or clear title. If you wrongfully file a lien against someone's house, you can get in a great deal of trouble and may be prosecuted criminally and/or sued for slander to title. So, filing liens against someone's home is not something you should do without legal advice.
What happens if a private investor places a lien on your home?
To get a lien he would have had to show a judge the he had a right to do so. You would have to owe him for goods or services. It would have to of been concerning the house. You borrowed money on it, had work done to it and did not pay as promised. If a judge agreed, you have a lien on it. I believe the lien is on the house not you. If you sell it, the lien stays with the house. It would most likely have to be paid before ownership was transferred. If the new owner did not research the deed, it would become his responsibility if he accepted ownership as is.
What work can be done to a house if a mechanics lien is filed on the house?
Work may continue with no interference. However, you will be unable to sell the home without that lien being paid in full.
Can a HOA file a lien against a property owner to cover attorney's fees generated in trying to resolve a dispute over restriction violations?
Generally, the association must have been awarded attorneys' fees in a court case, or won a judgement against an owner in order to file a lien for fees. If your association has filed a lien against you without such a judgement or winning, you can work with an attorney to have the lien dismissed, and potentally charge the association for your defense costs.
Can someone put a lien on your house in Michigan?
If the person or business that is owed money wins a lawsuit against the debtor/borrower a judgment will be entered in favor of the creditor. A judgment can be executed in several ways the preferred methods being a wage garnishment or bank account levy. It is also possible for the judgment to be executed as a lien against real property either belonging solely to the debtor or jointly owned. Michigan is a Tenancy-By-The-Entirety state; real property owned by a husband and wife as TBE is not subject to lien placement or forced sale by an unsecured creditor if only one spouse is considered the debtor. Individuals with legitimate claims against a person can place a lien on property. It is common for people doing construction and repairs to put a lien on the property to insure they get paid for the materials and work. The contract for such work will normally include a clause that allows this.
How do you place a lien on someones house without their consent?
Mechanic's Lien: Fill out the paperwork and file it at the county recorders office. There may be restrictions in your state, so it's best that you understand what you're doing before you go to the expense and put yourself into jeopardy. Many states require that the lien be placed within a specific period of time following completion of work. Some only allow liens for work performed by licensed contractors. Some require that the lienholder foreclose or perfect the lien by a court order within a specific period of time or the lien becomes invalid. Understand the law before you get involved in this rather confrontational procedure. Other Liens: A lien other than that of a Mechanic's lien is only possible when due process is followed according to the state law in which the debtor resides. The creditor must file a lawsuit in the appropriate state court, and if the creditor prevails in the suit a judgment will be entered against the debtor. The judgment can then be enforced in several ways, including a lien against non exempt real property belonging to the debtor.
Is there a standard lien form to file a homeowners association lien?
No. Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action. An improperly filed, improper lien may afford the debtor defense against your claim.
What form is used to file a lien for hoa dues in micigan can you give a sample?
Best practices dictate that you work with your association's attorney, who can review your governing documents and determine the form of lien to file against an owner's title, when the owner does not pay assessments. Lien forms differ from state to state and from type of lien to type of lien; hence, the suggestion that you seek the advice of your attorney.
Can an association rent a property after putting a lien on it?
When an association owns a property, it can rent the property. In this case, the association probably doesn't own the property, else why has a lien been filed. The property owner's title is clouded by the lien, and the property is still owned by the owner. The association may want to work with the owner to rent the property, to produce an income stream. The final decision, however, remains with the property owner.
