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Liens

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

2,139 Questions

Who pays back taxes when a person dies?

The person's estate is responsible for payment of back taxes. If there are any assets, the debts must be paid before any assets can be distributed to the heirs. If there are no assets the creditors should be notified of the death and they are out of luck.

What do the proponents of the hydraulic theory for the origin of the state argue?

The proponents of the hydraulic theory for the origin of the state argue that no matter how often energy is conserved or reserved there is a finite amount located in the universe.

Can a mechanic's lien be contested in the state of Ohio?

Yes, a mechanic's lien can be contested in Ohio, in fact, the opposite is actually, that the mechanic's lien is just a security interest that a person or company who has performed labor and/or supplied materials for the improvement of real property has taken, under color of statute (it's also included in the Ohio Constitution). The lien is an affidavit claiming that all in the lien is true. But that is just the start. A mechanic's lien actually has to be proved by the claimant.

The most common mistakes in a lien are the name of the owner (some case law says that this can be overcome), wrong first and/or last date of work, incorrect amount due, late filing or incorrect legal description. The last issue which if often overlooked is serving a copy of the lien on the owner within 30 days of the date it was filed with the county recorder. If it is a commercial or public project (completely different lien law for public projects) and a Notice of Commencement was filed, subcontractors and suppliers (not the prime contractor) have to properly and timely serve a notice of furnishing on the owner and possibly the contractor or they have no lien rights. If the project was a residential project, there may be a "paid in full" defense available to you, if the lien is by a subcontractor or supplier and, prior to the time you received actual service of the lien document you paid the "original" (prime) contractor in full. This does not work in every state and must be a project for a homeowner who lives in the property being liened.

If you believe that there are one or more of these problems, or others, with the lien, contact a local construction lawyer that deals with mechanic's liens to help you. Often a well-worded letter or telephone call from a lawyer can get the lien removed. If that doesn't work, you can serve a "Notice to Commence Suit" forcing the lien claimant to prove their lien by filing a lawsuit on the lien within 60 days or lose it. This can also be done in connection with a process to "bond-off" the lien, removing it from the title to the property and effectively substituting a mechanic's lien bond in its place.

In Ohio, mechanic's liens have relatively long lives, each one expires on the 6th anniversary of the date it was filed, so if the lien is older than that and no lawsuit has been filed the lien will still be on the record, but it will no longer be effective.

Check my website. I have a number of articles and videos on the topic of Ohio mechanic's liens.

Is An artisan's lien a defense to a charge of trespass to personal property?

No. A lien doesn't give you the right to trespass.

No. A lien doesn't give you the right to trespass.

No. A lien doesn't give you the right to trespass.

No. A lien doesn't give you the right to trespass.

Can child support put a lien on a joint account if not you are not married?

Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.

Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.

Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.

Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.

If you have a clear title and FMC did not perfect a lien can they repossess the car after you notify them that you are filing bankruptcy?

Your B/K attorney should be glad to reccommend a course of action. S/he might just get out of the B/K business long enough to make a ton of money on this one.Of course, you DIDNT say if FMC had a DEFAULT contract with the Explorer as collateral & your name on it OR if you had a B/K CASE NUMBER when the Explorer was repoed. Those to facts will make a difference in whether ANY attorney will take your case.

My first reply was NOT to say that FMC is perfect. They have been known to screw up and take short cuts. That's why my first statement was ASK your attorney. If they have screwed up, the attorney will likely jump on the case.

How long should it take to sell a car in Autotrader for its private party value?

I have placed 9 cars in autotrader magazines and 5 never sold and the other 4 took at least 6 months to sell.

I think you have to consider a few different variables when you ask this question. What am I selling and Am I being fair with my price? Am I being completely honest about the vehicle upfront? Do I display pictures that accurately showcase my vehicle?

Tips like this will help improve your chances of selling your car from websites like autotrader.

If the lien holder was supposed to repossess a motorcycle but never did can you sell it and how do you obtain a title?

No. A vehicle cannot be sold without a clear title and the only way to obtain such a document is through the lien holder.

If you sell a car and you owe the creditor do you have to pay them the amount the car was sold for?

If you sell a car you owe a creditor a balance on, you pay the creditor the amount you owe him in order to get the title to the vehicle to turn over to your buyer.

Anything over the balance owed to the creditor is yours to keep, assuming you sold it for more than you owed on it.

If you sold it for less than you owe on it you will have to pay the additional amount out of your pocket to get the title.

Are liens paid with foreclosure?

That depends on what the outstanding balance of your loan is, the value of your home, and how much the bank will settle for. There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure. I would advise looking into this first.

Do you have to pay unsecured credit card debts?

The personal represenative of the estate should pay them from estate assets if they are valid claims. The beneficiaries would not pay them.

What should you do if you have a motorcycle that was financed through Trans South and the DMV said Capital One Auto Finance bought out Trans South and has a lien against the motorcycle?

Banks and lending institutions buy out others companies and loans are sold all the time. Generally, you just keep making the payment like always and they will send you a new payment book.

How can you place a lien on cousin's home She borrowed 3000 3 years ago with the promise to repay the loan and to date has not paid anything?

Small sum - too costly for lawyer - try small claims court - if she signed an IOU which stipulates a repayment of a debt on borrowed money - within a certain timeframe and has not - then you could put a lien on her house as collateral for the personal loan you made to her, but know this, you will not collect until she tries to sell her house, at which point the lien must be paid for escrow to commence and clear title to pass from buyer to seller. Talk to legal aid in your area! -- they will help w/forms.

How rich is the owner of vasaline?

Vaseline is owned by the Anglo Dutch company Unilever, the company net income is 4,480 billion Euros annually

When are Condo association fees attached to the property?

Condominium unit ownership and assessments are not separate; assessments are always associated with a condominium unit.

LONGER ANSWER

Assessments connected to individual condominium units are included in the purchase/sale agreement, based on the allocated interest of that unit in a 100% total ownership of all the common areas in the community that are owned in common by all owners.

Said another way, one always buys/sells a condominium unit with assessments, the amount of each being determined annually by the association.

(Assessments pay bills to operate the community. Line items can include master insurance policy premium, maintenance and upkeep of amenities, contributions to reserves and other expenses to be funded by owners.)

Can the IRS put a lien on a house that already has a lien on it from an individual?

Yes, but in most cases whoever had their lien filed and perfected first will have priority (get paid first) over anyone else who files a lien. The IRS can file a lien, they'll just be second in line.

Can you petition to force the sale of a property if you own one third interest?

Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.

Is the filing of a mechanic's lien court process?

Yes, in order to become 'legal' the lien must be filed and recorded with the Clerk Of The Court.

Do all judgments put liens on home titles?

No. A judgment has to be docketed for there to be a liens. This, of course, is referring to civil or small claims financial judgments.

What is the statute of limitations of filing a civil law suit against a person for investment fraud?

That will depend on the jurisdiction. In most states this is considered a personal injury case. The limit can vary from one to six years.

What is the definition of child support?

Generally, in a divorce when one parent is awarded the custody of the children, the other parent is ordered to pay child support so the child can share in the standard of living of both parents. It is the amount of money the non custodial parent must pay to help meet the expenses associated with raising their child on a daily basis.

When determining the amount of child support, the courts must consider the state child support guidelines, the parents' income and earning capacity and the amount of time the children spend with either parent. Child support must be paid until the child is 18 years of age. If the child is living with the receiving parent and is in high school, child support will end when the child completes 19 years of age or graduates whichever occurs first.

What is a lien on property?

A lien is a legal claim against the real property of another as security for the payment of debt. A lien gives the lienholder the right to sell the property to satisfy the debt if it is not otherwise paid. The property cannot be mortgaged or sold until the lien has been paid. A lien arises only under certain circumstances such as a mortgage, court judgment or a local, state or federal tax lien. A mechanic's lien can be recorded but those have a short life and usually must be pursued in court for a lien of longer duration. Liens have varying statutes of limitation.

Trending Questions
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