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There are a number of types of liens on real estate in Ohio (as well as most states). The most common it a property tax lien, which will be on all property as we pay our real estate taxed in arrears. The next most common type of lien is a Mortgage, a consensual lien that the owner of the property has given to someone else to secure the payment of a debt or the performance of some act. There are also judgment liens, liens that arise after a lawsuit is complete where the winner, if owed money, can file a lien against the real property of the loser. Then there are mechanic's liens, which are liens by construction managers, contractors, subcontractors, material suppliers or laborers who performed labor or supplied materials or both, in furtherance of a construction project. The lien is against the improved real estate. There are many other kinds of liens, most of which have different methods of securing them and different lengths of time that they remain valid. Some are renewable (mechanic's liens are not). I tend to speak from the perspective of mechanic's liens as I am a construction lawyer in Cleveland. I have attached a link to articles that I wrote for the Builders Exchange Magazine which you may find helpful. Most are about mechanic's liens, some are about construction related topics.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThere are usually statutes of limitation on property liens with different types of liens having different time periods. You would need to do a search for the particular type of lien.
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Classifications of liens?
There are few types: construction, security, tax, judgment, artisan... you should check your state statutes (lien laws) for the types of liens and the requirements for each. Most state statutes are available online.
Are hospitals allowed to place liens on property in Texas?
Property liens for any type of debts are allowed in the state of Texas after due process of the law has been followed.
Which law govern mechanic's liens?
Every state has its own statute relating to mechanic's liens. Ohio's is in Ohio Revised Code Chapter 1311. This page contains a link to Ohio's statute http://www.ohiolienlaw.com/bx/resources2.php
What has the author Edmund T Urban written?
Edmund T. Urban has written: 'North Carolina real property mechanics' liens, future advances, and equity lines' -- subject(s): Security (Law), Mechanics' liens 'North Carolina real property mechanics' liens and future advances' -- subject(s): Security (Law), Mechanics' liens
Florida law how long does a lien stay on a condo which was about other lots?
In any state, liens remain on a property until the debt is paid and the liens are released.
What is property law?
Property Laws are the laws concerning property i.e how would you sell a property with loan, or obtaining NOC (No Objection Certificate) if you want to build a property at a desired place, all the laws concerning property are known as property laws.
What has the author James M Kerr written?
James M. Kerr has written: 'A treatise on the law of mechanics' liens and building contracts' -- subject(s): Accessible book, Construction contracts, Mechanics' liens 'Consolidated supplement to Kerr's cyclopedic California codes' -- subject(s): Law 'A treatise on the law of real property' -- subject(s): Real property 'The law of business corporations' -- subject(s): Corporation law
How can your company place liens before starting a job?
There is no venue for attaching a Mechanic's Lien/liens to property before the building or improving of said property has been done. The law does not allow a company to take legal steps against someone's property under the assumption that the contractual agreement will not be fulfilled by the debtor.
When a mortgage holder forecloses does it eliminate junior liens and hoa liens?
When anyone files a foreclosure all of the lien holders having liens on the property are named as parties to the lawsuit. Technically, they are named as defendants and required to assert the claim of their lien or lose it. They assert the claim by entering the action, then filing a cross claim in the lawsuit stating their claim against the property and the person or company that owes them the money. If a lien holder fails to assert its claim, it will lose its lien rights and potentially its contract rights. If the original plaintiff, in your scenario, the mortgage holder does not name a lien holder, the foreclosure will go forward without that party, but the rights of that party will be preserved as the property will be sold subject to that lien, which usually result in that lien being in first place when it is sold/bought. If all of the parties were named, as is usually the case and they have stated their claim, the lawsuit will proceed. All parties that have proved that they are owed money and that they have a valid lien will proceed to the foreclosure sale. Assuming that all lien holders were named, when the property is sold, it will be sold free and clear of all liens. The key to your question is, "how much did the property sell for relative to the amount of the liens?" Once administrative fees and court costs are paid, the liens are paid in the order of their priority, the most senior first, until they are completely paid, then the next one in priority, until there is no money left. Any remaining liens will be removed from the property without compensation. I am an attorney in Cleveland, Ohio. This is the law of the State of Ohio which is a common style of the law, so it is likely the law in your state. To be certain you should talk with an attorney licensed in your state. The specifics of your case or the law of your State may change the answer. Please consult your attorney for an accurate answer.
Can any liens be placed on my home if it's in an revocable trust?
Trust law is extremely complicated. And yes, an improperly drafted trust can leave your property exposed to creditors and taxes. A revocable trust implies that you maintained some control over the property. That may cause the property to be exposed to creditors. The surest way to protect property is with an irrevocable trust. You should consult with an attorney who specializes in trust law and tax law.
Whether lien entered after foreclosure judgment entered is binding on purchaser?
Unfortunately for the purchaser, I believe that it is going to be. Some liens run with the property regardless of who purchases, or owns, it - "Mechanic's Liens" for instance. You really need to speak with a real estate attorney who is familiar with the law in your state.
What is Wisconsin's law concerning spousal property?
Wisconsin is a community property state, all marital property and assets are divided equally. Child support, spousal maintenance (if any) and debts are treated as different issues.
