A spouse who signs a lien pro forma does not automatically become an owner of the property. The lien pro forma is typically a document that acknowledges a financial obligation rather than a transfer of ownership. Ownership is determined by the title and deed of the property, which must be legally recorded. Therefore, unless the spouse's name is added to the title, they do not hold ownership rights.
Can a collection agency place a lien on a home belonging to a spouse not on title?
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.
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.
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Normally a non-borrowering Spouse will Sign Pro-forma on a loan involving a Homestead. All owners and spouses must be put on notice that lien is being placed on the Homestead. So even if the Spouse isn't named in the property records as an owner, they must sign the Deed of Trust "pro-forma" to insure it is a valid lien on the property.
If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.
You can't. If a vehicle has a lien on it the lien holder is the owner of record of the vehicle.
In most states the person who repairs a vehicle has an artisan's lien. An artisan's lien is a possessory lien meaning that a) no recording of any document is required to obtain the lien, however b) the lien is only good while it is in your possession. If you return the vehicle to the owner you have lost your lien. If the owner takes the vehicle without your consent, your lien is not defeated, however, in most states the act of taking the vehicle from you will be considered theft by the vehicle owner.
No!!
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.
Filing a lien on an owner's title is a specialized action that is best performed by an attorney schooled in common interest communities. Filing the wrong lien, improperly, will jeopardize the association's standing in the matter.
The spouse is not personally responsible for the medical bills, unless they co-signed them. However, the estate is responsible. Which means that the estate may be depleted and a lien placed on the house. The spouse may not inherit anything.