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Liens

The right of a creditor to sell collateral property when a debtor defaults on their loan

2,139 Questions

Where do you call to have liens removed if a lien cannot be contacted?

i would like to know how do i get a lien remove from my title when i have filed chapter 13 and i was discharged. The company went out of business. But they forward the account to another firm and they cannot find not information

When is the deadline to file a lien in Washington State?

You have 90 days from the last day on which labor was performed or goods provided to the property against which the lien will be filed.

Why would some one put a lien on their own home?

A person might place a lien on their own home if they were misinformed. The lien would be null and void. For a creditor, a lien creates an equitable interest in real property owned by another party. That other party owns the legal interest in the property. If a peron who owns the legal interest in property recorded a lien the two "interests" would "merge" in that same person and the lien would be nullified.

Can a debt collector repo your car is they are not lienholder on title?

No. To be able to repossess any of your property, they must hold a lien on it. If they have no lien on it, they have no right to repossess. Their only option is to take you to court.

You were sentence in 2002 and a lien was put on your home how can you have it removed?

Simple ... pay the amount due that was owed before the lien was placed. Of course, when (or if) you ever sell the house that has a lien against it, the lien will be paid first out of any profits before you are paid. If the home sale doesn't yield enough cash to satisfy the lien, they you are then bound by law to make up the difference.

Just pay off the lien as soon as you can ... get a second and/or third job if necessary and retire that odd amount you owe - then you can live in better comfort knowing that there isn't that lead cloud over your heads all the time.

What is vehicle abandonment?

I would like to know how to take owner ship of a vehicle that has been abandoned. I can no longer locate the person who left if in my position. I would like to know if I can file a lien against the car.

What is lien and hypothecation?

Hypothecation is the practice of a borrower pledging an asset as collateral for a loan while retaining ownership of the assets and enjoying the benefits therefrom. The lender has the right to take possession of the asset if the borrower defaults. An example would be a mortgage. The transaction is memorialized in a note and mortgage document evidence of which is recorded in the land records. That recorded evidence constitutes a lien on the property. The lien is released when the debt is paid.

How do I get a plaintiff to document a judgment paid after I have made payment?

You would go to the court which ordered the judgement and get a letter that the amount has been paid and therefore the judgement is satisfied. If you paid the plaintiff directly, then take a copy of the cancelled check with you. Keep a copy in your permanent records in case the judgement does not get removed from your credit report.

What if you agree to buy property that is subject to a lien?

If you purchase property that is subject to a lien then you will be responsible for paying the lien. The lien holder should be paid before any proceeds are paid over to the seller. If you choose to ignore the lien holder's claim on the property and the lien holder discovers the sale,generally, they can request execution and the property will be seized by the sheriff and sold. Remember that a judgment lien grows larger every day it isn't paid due to post judgment interest and other costs. In Massachusetts the interest rate is 12%.

If you need to borrow funds to purchase the property the lender will insist the lien be paid and the amount will be added to the amount you borrow.

If your vehicle was hit by an uninsured vehicle that was impounded after the accident but later repossessed from the pound by the leinholder can you sue the leinholder?

You could try but I doubt you would prevail. What liability do you think the leinholder has in the accident? You need to sue the driver of the car that hit you.

Can you sell property if you bought the same property off some one who has a civil suit against him?

As long as there is no lien on the property you can. If the civil suit is pending, then no judgment lien has attached to the property and you can buy it free and clear. If the civil suit relates directly to the property, the plaintiff may have put a lis pendens on it which is a type of pre-judgment lien that is permitted in some cases when the lawsuit is over the property itself. In addition, if the suit is for work done on the house by a contractor, there may be a mechanics' lien on the property. This is another pre-judgment lien that is permitted. In any event, if the civil suit is merely an action on a debt or a tort, the mere pendency of a civil suit does not create a lien on the property. Absent a lis pendens or mechanic's lien, the property may be purchased from the defendant and sold.

How can a house have a personality?

Words are the tols of causation! Names are words! Thus everything that is named has a personality. IF IT HAS A GHOST IN IT.

Can a lien or judgment be placed against a 100 percent permant and total Combat Veterans home?

Depends on the state that you live in. Talk to an attorney, if the collection people dont believe you're disabled.

Can a condo association take my condo after placing a lien?

Typically, yes, if it is a bona fide lien due to not paying your assessments or for a fine as a result of non-compliance with house rules. Note that laws vary from state to state, so it is a good idea to talk with an association-savvy attorney in your area for more info on your state's laws.

Try to work out a payment plan with the condo association if you are in financial trouble. Your mortgage company might also be able to help. Note, however, that they may declare your loan in default for not paying your assessments.

When you receive a judgment notice what can you do?

The involved party will be given a specified amount of time to respond. When the person issues their response they need should take care to be accurate in the listing of exempted property. If the person owns a home it is very important to determine if the homestead exemption needs to be filed; or if the home is already protected under state laws.

What is a vendors lien?

A vendors lien is the right of a seller to retain the property till payment of the purchase price

What if you cant pay the judgment against you have no job but have one car that is paid for?

If it's against the state you can probably take jail time instead of paying your judgment.

If it's against the another person I have no idea, but you might be able to get a loan using your car as collateral but it might be hard with no job and you risk loosing your car.

Can a lien holder hold title when car is in Chapter 13 and you are trying to transfer tags from KY to TN. Our lien holder refuses to give me the title. I applied for a duplicate title.?

Your lien holder wants to be paid before releasing the car. You should consult with the attorney who is representing you in your bankruptcy. You cannot transfer title because you don't have clear title to transfer.

If you were never served a summons but the summons was accepted by another person at the residence can you appeal the judgment that was entered against you?

What appeal action if any that could be available to the debtor depends upon the laws of the state. In most cases a civil summons does not have to be delivered into the hands of the named person, only that a reasonable attempt has been made. In a case where the summons was accepted by a member of the household the law would presume that the named person would have been made aware of such and should have responded within the required time limit and/or appeared at the date of the hearing.

What is the minimum dollar amount required for a civil judgment in order to put a lien on someones home in California?

There is no minimum amount to limit your suit. It just may be too costly to sue if the amount owed is small. If someone owes you money and refuses to pay you can sue in court. If you are successful, you can request a Writ of Execution and the court will issue a judgment lien that can be recorded by the sheriff in the land records. The property cannot be sold or refinanced until the lien is paid.

There is a filing fee to file the initial suit. The local county sheriff must serve notice of the suit and then the writ, and then record the writ in the land records. You should contact that office before you act to determine how costly the fees would be for the service and recording of the lien. If the amount owed is really small, the fees associated with the suit and recording the execution may be too much to make it worth your time.

You should also visit the courthouse in your jurisdiction and check into suing in small claims court. It may be less expensive.

How do you file property lien in ga for delinquent hoa dues?

Read your governing documents where the authority to lien and process for establishing a lien are all written out.

Work with your association's condominium-savvy attorney to file the lien and pursue collecting the debt.

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