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No, before real property can be sold or transferred the title must be clear of liens. Liens can be voided or waived if they were placed on property that is found to be exempt under state law. It is not unusual in TBE states for a lien to be placed against real property but such a lien is not enforceable and can and should be lifted.
AnswerYes, it may. Technically speaking, a property may be conveyed even with a lien on it. Liens do not prevent conveyances; however, the lien goes along with the property. If you buy a house with a lien on it you could be forced to pay the lien even though the debt secured by the lien is not your debt. You would then be able to sue the person that sold you the house to recover your losses. ClarificationThe purpose of recording a lien in the land records is to notify the world that a creditor has an interest in the property. Of course there is no police officer standing at your shoulder preventing you from conveying your property in a private sale. However, you and your buyer have skirted the law and may pay a lot more more down the road. The property remains subject to the lien. The creditor can take possession of the property and sell it. There will be added legal costs and interest because the debt continues to accrue interest at a statutory rate. The interest on a judgment lien in Massachusetts is 12%.The seller should be particularly cautious about sneaking a sale of property with an outstanding federal tax lien. The IRS will want to know who handed over cash to the tax delinquent when there was public notice of an outstanding tax debt. It will want to know what the seller did with that cash.
The second answer above contains very poor advice. In any sale of real estate it is the responsibility of the buyer to have a professional title examination performed to disclose any outstanding liens. Stupidity is always difficult to defend in a court case.
What else can I help you with?
Can a lien be placed on a home deeded with lifetime rights?
Yes, they can place a lien. The property still has value and the life estate doesn't effect that.
Can you put a lien against property that is not titled or deeded in that persons name?
You can file a court case if you have any evidence that the person transferred the property to avoid creditors. The court will issue an 'ex parte' lien against the property if you are successful.
Is a lien on a property considered real or personal property?
A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.
Can a lender still place a lien on your real estate property if you have grant deeded over the home to someone else before they placed the judgment?
The answer depends on the details. If it was a legitimate transfer for consideration the lender may have missed its opportunity to attach its lien to the property. However, if it was a transfer for the purpose of avoiding the creditor the court may allow the lien and void the transfer. Creditors are aware of this distinction and will petition the court to protect their rights.
What does this property in a LIEN SOLD status mean?
There is a lien or was a lien on the property and the lien was sold to a 3rd party such as an attorney
How do you apply for a deeded parking spot?
aquire property
Can you get a lien on your Homesteaded property in Florida?
Yes, you can get a lien on your homesteaded property in Florida. A court will put a lien on the property if money is owed in a judgement.
If you are gift deeded real property from a friend can they take it back?
NO
What is an involuntary lien against my property?
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
If property is deeded to person under age and the person deeding the property is receiving social security disability had inherited this property so now they have two properties?
If a person on social security disability inherited a property and then "deeded" it to a person who is underage there is one property. Why do you think there are two?
Who is deeded owner?
That would mean a property owner who acquired their interest in the property by virtue of a deed.
What is the Difference between a mechanic's lien and an artisan's lien?
Artisans lien is against personal property and is possessory. Mechanic's lien relates to real property.
