Generally the assets of a decedent, such as his property, estate or trust are liable for his debts before the assets are distributed to heirs. Death does not extinguish a debtor's obligations.
A property that has a tax lien will become the property of who is owed the tax when the owner dies. If the tax owed is a property tax, the property will probably be sold to pay the tax. If the tax lien is through the government the same thing will likely happen.
No. A benefit of owning property by survivorship is that the moment one owner dies their interest in the property disappears and the survivor is the sole owner. The creditor is out of luck.
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.
The owner cannot mortgage or sell the property until the lien is paid.
The lien goes on the property, not the estate. But the estate must resolve the lien when disposing of the property.
If they hold a mortgage or a lien on the property. Home owner's associations often have required dues and if they are not paid, a lien can be placed on the property.
You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.
It depends on the lien, the easement, and the owner's intent for the property. Typically, a lien doesn't impede the owner's enjoyment of property rights unless and until the owner wishes to sell. At the point, either the lien must be satisfied by the seller or the property must be sold subject to the lien; in either case, the net monetary return to the seller will be diminished by the amount of the lien. By contrast, an easement essentially allows another entity the right to restrict the owner's use of the portion of the property covered by the easement. If the landowner sells, the land property is sold subject to the easement and the new owner continues to be subject to the easement rights.
It depends on the lien. Most liens have a statute of limitations whereby they eventually become extinguished by time. In Massachusetts a mortgage lasts 35 years. A property tax lien lasts forever until it is paid or the town takes the property. You need to check specifically for the type of lien and the state.As for your inheriting the property: Once the owner dies their estate must be probated in order for title to pass to heirs legally.It depends on the lien. Most liens have a statute of limitations whereby they eventually become extinguished by time. In Massachusetts a mortgage lasts 35 years. A property tax lien lasts forever until it is paid or the town takes the property. You need to check specifically for the type of lien and the state.As for your inheriting the property: Once the owner dies their estate must be probated in order for title to pass to heirs legally.It depends on the lien. Most liens have a statute of limitations whereby they eventually become extinguished by time. In Massachusetts a mortgage lasts 35 years. A property tax lien lasts forever until it is paid or the town takes the property. You need to check specifically for the type of lien and the state.As for your inheriting the property: Once the owner dies their estate must be probated in order for title to pass to heirs legally.It depends on the lien. Most liens have a statute of limitations whereby they eventually become extinguished by time. In Massachusetts a mortgage lasts 35 years. A property tax lien lasts forever until it is paid or the town takes the property. You need to check specifically for the type of lien and the state.As for your inheriting the property: Once the owner dies their estate must be probated in order for title to pass to heirs legally.
Yes, it belongs to the land and not the owner.
Yes, a company can file a mechanics lien against property if the builder of the barn owes them money. This can be a nightmare. To get rid of the lien, a property owner might have to pay the lien holder and then sue the builder for return of funds. This tactic is not fair to the property owner because, if the builder was already paid for the barn, the property owner now has to pay double.
Yes, in most jurisdictions they can file a mechanic's lien and follow that up by a judgment lien.
Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.