A judgment for the most part, is a monetary award. It can be collected in various ways, garnishment of wages and/or bank accounts, is an example. It can, however take the form of a lien. A lien is applied to real property, such as a house. The property cannot be sold, borrowed against or ownership transferred until the debt that created the lien is paid in full. The lien holder can, in some cases force the sale of the property to satisfy the debt. This depends on how the property is titled, Tenants In Common, Joint Tenancy, etc.. A property that is titled Tenancy by the Entirety cannot be sold or have a lien enforced against it, unless there are joint debtors. Both will stay on your CR until they are paid and the SOL expires.
The judgment is against the person, not the property.
I don't know if the laws are the same everywhere, but we had to get a judgment against someone and had a lien placed on his house. We were told that if we went back to court before the 7 years were up we could get another judgment against him and keep the lien in place. He's had a lien on his home for over 10 years now -- and until he pays his debt or the law changes we'll keep going back to court. Of course, he owes us a LOT of money. A judgment has to be renewed by the plaintiff at set intervals, determined by law. You can find the SOL relative to judgments for your state, and if the statute has expired, contact the court to see if the judgment has been renewed by the plaintiff. If not, they can't collect.
I assume you were awarded a "Judgment and Decree Quieting Title" or some other order to that effect. There is no way to file a "lien" against the contractor--you already have a civil judgment. I would first contact the contractor licensing authority in your state--they will be able to see if the contractor has a cash bond to attach the judgment to. Second, I would call a real estate or construction law attorney--look for attorneys in the phone book who give "free consultations."
To take out a judgment against someone, you typically need to file a lawsuit in court, provide evidence to support your claim, and go through the legal process. If the court rules in your favor, a judgment will be issued against the defendant. You may then need to take steps to enforce the judgment, such as garnishing wages or placing a lien on property.
Liens do not expire, they have to be settled to the satisfaction of the lien holder or lifted by the court because they are deemed invalid. That's not true. Certain liens do expire, i.e., Abstracts of Judgment, Mechanic's Liens, Construction Liens, etc. all expire after a certain amount of time unless they are Renewed and Extended by the person/company filing the lien. Abstracts of Judgment, for example, expire after 10 years if not renewed. There should be Releases filed for these types of liens when they are paid in full, but that doesn't always happen.
A judgment lien is an involuntary lien.
Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.
You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.
Yes. If they find it and obtain a judgment lien in court first.Yes. If they find it and obtain a judgment lien in court first.Yes. If they find it and obtain a judgment lien in court first.Yes. If they find it and obtain a judgment lien in court first.
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.
No. A lien doesn't give you ownership. First, you must sue in court and win to obtain a judgment lien. A homeowner cannot sell or mortgage their property until a judgment lien is paid. You may be able to foreclose on the judgment lien in your state. If the lien isn't paid you can consult with an attorney in your state regarding how to foreclose on a judgment lien. Legal costs may be expensive.
You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property.You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property.You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property.You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property.
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.
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
The difference between vacate and satisfaction of a lien is the way in which it was surrendered. During a vacate of a lien, the creditor is releasing the lien on a loan, usually because of a full repayment. The satisfaction of a lien would be like a repossession for non payment to a creditor.
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.
A judgment on your credit report conveys the decision of a court concerning a lawsuit. Amounts owed to the creditor are described in the judgment. A lien on a credit report expresses the legal right of one party to keep possession of property belonging to another party.