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What else can I help you with?
Can a judgment creditor clear the lien on a car title when more than one owner is on the title?
Not sure what is intended by "clear" but whether or not the vehicle can be seized depends upon a couple of issues. The most important one being how the vehicle is titled. If the names on the title are separated by the word "or" then each person has total ownership of the vehicle and may take whatever action they choose without the other owner being a part of it. That would mean the vehicle could be subject to seizure by a judgment creditor. If the names are separted by the word "and" the vehicle is owned jointly and no action including creditor judgment can be taken without the consent of the other owner. The other issue is whether or not the vehicle is protected by the exemption laws in the state where it is registered.
When you sell a vehicle that you have clear title on and the buyer plans on financing who do you name as the vehicle owner on the title?
The buyer.
Can a company repossess a decedent's vehicle and then place a lien against a jointly owned house even if the surviving spouse with right of survivorship was not signatory to the loan?
The lender must obtain a judgment lien and record it before the joint owner dies. Once the debtor has died the real property automatically passes to the surviving co-owner and the creditor is out of luck.
Can a joint bank account be frozen by a judgment creditor?
A joint account can be frozen by a judgment creditor of one owner. That can cause not only an indeterminate period of inconvenience for the non-debtor owner but also may result in the loss of half of the funds in the account. You should not open a joint account with another person who has a history of debt problems. You can read more about frozen bank accounts in general at the link provided below.
Can a lien be placed on property when wife and husband are both on the deed if only one of the couple has a judgment placed against them?
The interest of a co-owner can be attached by a creditor. That creditor can then petition the court to partition the land if the debt isn't paid and the debtors interest could be sold.
How do they find out where to locate your car if they want to reposses it?
Investigation. They have your home address, they'll get your work address from the finance company. If you have hardware such a Lojack or Onstar, they'll locate it that way - the companies will comply with the request from the creditor, as the creditor is the rightful owner of the vehicle.
What happens after a judgment of foreclosure on a mortgage?
In very broad terms, the judgment creditor can apply to the court for a writ of sale and have the sheriff sell the property at a public auction. The exact time line will vary by state and will depend on whether or not you are entitled to a deficiency judgment. For example, California has two different time lines. If a deficiency judgment is not available or the creditor waives the right to get a deficiency judgment, then the sheriff gives 120 days notice of levy and 20 days notice of sale. if there is the right to have a deficiency judgment, the sale occurs after 30 days but the owner has a 90-day right of redemption.
What is the proper response to a involuntary lien and what are the options to respond?
According to the definition of 'involuntary lien' on Answers.com: "Judgment lien, lien for unpaid taxes or special assessment by a municipality that attaches to a real property without consent of the owner, in contrast with a mortgage lien, which is voluntary." You can read more, below. An appropriate reaction is to contact the municipality -- or creditor that sent the notice -- that levied the lien, and work to clear up the debt. There may be a court judgment involved, in which case, you can find a copy of the judgment in your local courthouse.
What is the advantage of note receivable to creditor?
Notes receivable offer several advantages to the creditor. It gives the creditor more time to pay as well as including a guarantee to the owner of the creditor.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Can you put a lien on truck that the owner passed away and the other owner is in prison?
if there is no recognized owner--not in prison, just go to small claims court or superior court and get a judgment and take it to the sheriff who will go with you to remove the vehicle from its current place.
A person has right to survivorship to property in Ct and the spouse who died had a judgment lien on the property in his name only is this lien still valid?
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.
