The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
A Judgment Lien is a lien placed on property by a creditor to recover a certain sum of money granted by a judgment awarded in court. The property can not be sold legally while the lien remains unpaid.
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.
Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.
Yes, depending on the type of lien. Judgment liens accrue interest at a statutory rate. In Massachusetts that rate is 12%.
That depends on the judgment, and type of original process. Guessing that you have a materalman's or mechanic's lien, you should just file a notice of Lien with the county clerk and send the required notices (Oklahoma Statute 42-142). You may check with a lawyer on this as most times a lien or its notice is not necessary if you already have a judgment, in most cases you then ask the court for an "Execution of Judgment" or "Foreclosure" to have the property seized and sold by the sheriff.
Since you chose this category, apparently you want to file a lien against a condominium unit owner's title to their property. Best practices dictate that your association attorney can help you. You need your governing documents, which specify when to file a lien, and you need the ledger of the non-paying (assessments) owner. With this information your association attorney can file the lien in the local courthouse. In order to release the lien, your attorney will add all fees and expenses to the amount due -- in addition to the unpaid assessments, so that the association bears no expense in this process. _______________ In non-association matters, it remains a good idea to involve an attorney. Be prepared with the proof of the debt owed and your standing (with rights to collect) in the matter.
For real property the lien must be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. If you want to take possession of the property you should consult with the sheriff or an attorney who specializes in representing creditors.For real property the lien must be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. If you want to take possession of the property you should consult with the sheriff or an attorney who specializes in representing creditors.For real property the lien must be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. If you want to take possession of the property you should consult with the sheriff or an attorney who specializes in representing creditors.For real property the lien must be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. If you want to take possession of the property you should consult with the sheriff or an attorney who specializes in representing creditors.
According to NOLO, below: "A judgment lien in Louisiana will remain attached to the debtor's property (even if the property changes hands) for ten years." If your lien is of a different type, you can use the site's legal research section to find the answer you want.
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
The answer depends on whether you have filed a lawsuit and won on the debt yet or whether the work you performed in cleaning was in connection with the performance of a construction contract. If you already have a judgment, you may file a judgment lien. If you performed the work in connection with the completion of a construction contract, you will have mechanic's lien rights. If the work is just regular maintenance or office type cleaning, a mechanic's lien is not available. If you have a judgment and the person that you have the judgment against owns real property you can file the judgment lien against the real property they own, whether or not it is the property that you improved. This is not true with a mechanic's lien, you can only lien the property you worked on. I have attached some articles that I have written for the Builders Exchange Magazine on Mechanic's liens that you may find helpful.
Each type of lien has its own statute of limitations. It depends on the type of lien.Each type of lien has its own statute of limitations. It depends on the type of lien.Each type of lien has its own statute of limitations. It depends on the type of lien.Each type of lien has its own statute of limitations. It depends on the type of lien.
To be effective against real property a judgment lien (or any other type of lien that affects real property) must be recorded ASAP in the land records office in the jurisdiction where the property is located.