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Liens

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

2,139 Questions

Can a lien be put on a house that you buy while your husband is in jail for an unrelated reason but he does owe back child support?

If the obligor's name is on the title, the State may place a lien on the property for past-due child support.

Can the state of Florida place a lien on your drivers license?

Yes, the state of Florida can place a lien on your drivers license.

How can a judgment put a lien on your land?

Generally, the sheriff can sieze the property and sell it to pay the creditor the amount owed. Check your state laws. If the creditor doesn't request a sale and chooses to suspend action then the creditor need only wait. The recorded lien will affect any future sale or mortgage of the property. During the time it remains unpaid interest is added at an alarming rate. In Massachusetts the rate is 12 percent. A buyer or bank will insist the creditor be paid before completing any transaction. A lien originally in the amount of $1,100 was recently satisfied at a closing in the final amount of $3,600.

Is it legal for a bank to charge excessive amount of NSF charges without contacting you to see what's going on with the account?

It is legal for the bank to charge a fee for every nsf check on the account. Now they can't charge you an nsf fee that's higher than what they would charge anyone else. But, if there were 10 nsf checks, then they can (and will) charge 10 nsf fees. By the wording of the question "without contacting you to see whats going on with the account" I assume you mean do they have to call you to discuss this nsf problem? If so, then no, they don't. They did send you notices of the nsf/fee, right? Most banks will not contact you about NSF fees, so you may have them accumulating for days. Also, if you run out of money, you can often still withdraw money from an ATM, which will also generate a fee. It is up to you to track the money in your account. It is a tough lesson to learn, but you can go to the bank and ask for some relief in fees, if this has not happened to you before. Set up a savings account to be tied to the checking account so that you do not get caught in this bind again.

If you are court ordered not to see someone while you are on probation and then you are told by your PO you are off do you have to receive the release paperwork in the mail before making contact?

you could possibly get into some trouble even after so if you were told not to see someone don't go see them by making contact you maybe incriminating yourself and you might end up in jail again for being in this person presence so just steer clear of this person.

If a lien was put on your property and your wages were garnished and then after 6 months the garnishment stopped and nothing else was taken out is the debt considered paid?

Perhaps, or the ganishee may reside in a state where the garnisher is required to refile for a writ of garnishment after the specified time limit has expired. Contacting the clerk of the court where the garnishment order was granted will obtain the information needed by the garnished debtor.

Is it legal for a debt collector to come to your home?

Yes, as long as he or she does not commit a 'breach of peace' as determined by the laws of the state and/or municipality where the debtor resides. The debtor does not legally have to engage the collector and can request that the collector leave the property and not return.

Can a tow company sell your car with an auto lien if bank still owns it?

In some situations, yes. If a shop has a mechanic's lien on your vehicle for nonpayment of services, and the lender is notified that sale is immanent but makes not effort to stop it, the vehicle may legally be sold.

Is an assignee a lien holder?

An assignee of a lien is the new lien holder.

What are the guide lines for tax liens in mass?

If real estate taxes are not paid by the due date, the property owners will be charged interest at the rate of 14% computed from the bill due date. If a balance remains on the second half tax bill, a demand notice is sent and a demand fee ischarged against the account. If the account remains delinquent, a tax lien is placed on the property and is recorded with the County Register of Deeds. Some towns will list the owner's name, address, and amount of outstanding taxes in the local newspaper and and charge an advertising fee against the account.

A tax lien is the first step in the foreclosure process.

All taxes, costs and interest must be paid to prevent foreclosure.

In Florida am I responsible for old liens on a foreclosed property I bought from the bank that took title?

You should make sure of the situation before signing on the dotted line--the title company should have provided a clear title (no judgments, liens and so on).

Husband owned a business that closed but had no assets other than the machinery which the bank sold and kept the proceeds. Can they now put a lien against the house that is jointly owned?

Yes, unfortunately. The bank has the right to recover the rest of the money owed them by putting a lien against any assets that the creditor (husband)owns or has joint ownership. Since the amount of money they collected from the sale of the machinery did not cover the amount owed, they will continue to expect the rest of the money they loaned to be paid back.

I would suggest that you and Hubby contact the bank and work out a way to pay off the debt that be mutually beneficial to all parties concerned. Do not just ignore the problem, it will not go away. If you act now, you can show that you are co-operating, and they will try to work with you.

Would suing someone who owes you money without a written agreement prove anything like the principle of the matter?

It is possible to sue someone and win without a written contract if you can reasonably prove your case. If you have wintnesses to the agreement, cancelled checks or other evidence that you lent the money and expected it to be paid back, you might have a case. You could also sue to prove the principle of your argument, but it's my experience that busy courts don't necessarily like their time taken up for the "principle of the matter" kind of cases.

Can you put a lien on an unlicensed contractor who is paid in full and doesn't finish the job?

Legally, yes. Whether or not his license status would create problems of a different nature would depend on the laws of the state where he does business. Of course if he were getting paid "off the books" he probably would want to consider the consequences of taking an oath in a court of law before filing a lawsuit. A unlicensed illegal contractor cannot sue you since he or she is illegal. Something illegal cannot be the subject of a lawsuit. California Business & Professions Code Section 7031 allows you to recover all compensation paid to an unlicensed contractor for work done during four years prior to the filing of law suit. Make sure you file before the four year anniversary of the illegal work. Answer It is true that an unlicensed contractor cannot sue to recover "compensation." However, an unlicensed contractor who is considered a "developer of mass produced housing subject to claims for strict liability" could sue a subcontractor for equitable indemnity type claims. Furthermore, there has been no case interpretation on whether or not you can recover monies paid to an unlicensed contract when you knew at the time of entering into the contract that the contractor was unlicensed. At least one noted construction law attorney has opined that a homeowner might be prevented from recovering the compensation in such cases.

What lien would a judge impose on property for late alimony?

A judge would not do such a thing. The person to whom the alimony is owed would need to file a civil suit to have the obligated ex-spouse honor the terms of the divorce decree. If he or she won the suit they would be granted a judgment and said judgment could be executed as a lien against real property owned by the judgment defendant.

Once a divorce decree has been finalized the party wishing to enforce or amend the terms when the other person is not voluntarily agreeable to the action; must file suit in the appropriate state court to do so. The judge who issued the final decree is no longer a part of the situation and has no power of enforcement unless a suit is filed in his or her court's jurisdiction.

All property liens encumbered the named property to the extent it cannot be sold, obtain additional financial (loans) acts or have a title of ownership transferred until the lien is paid. The exception to such, is if said property is jointly owned and if so, how said property is titled.

What is the Difference between a mechanic's lien and an artisan's lien?

Artisans lien is against personal property and is possessory. Mechanic's lien relates to real property.

How to sell a condo when association is delinquent?

You don't describe how your 'association is delinquent', so it's difficult to answer your question precisely.

However, if the board is in violation of the governing documents, non-board member owners must gather to remedy the situation, potentially by electing a new board.

The 'new' board needs the advice of counsel to determine how to recover from the actions or inactions of the delinquent association.

Once a remedy is in place, selling your unit should be easier, since the issues have been identified and the new board is working toward a resolution.

If there is no action on the part of owners to rectify association delinquencies, then selling your unit must include disclosing the issues to any potential buyer.

How do you file a mechanic's lien for unpaid auto repairs in SC?

You would not usually "file" the mechanic's lien, which arises by law when you repair a vehicle. You can sue the vehicle owner and take and sell the vehicle in the legal process.

Can you put a caveat on a house if the owners owe you money that you loaned them personally?

You must sue them in court and win. If you are successful the court will issue a judgment lien that can be recorded in the land records.

You must sue them in court and win. If you are successful the court will issue a judgment lien that can be recorded in the land records.

You must sue them in court and win. If you are successful the court will issue a judgment lien that can be recorded in the land records.

You must sue them in court and win. If you are successful the court will issue a judgment lien that can be recorded in the land records.

How long is a mechanic's lien valid in lorain county Ohio?

Mechanic's Lien Laws are the same in every county throughout the State of Ohio. A Mechanic's Lien, is a lien filed by an Original Contractor, Construction Manager, Subcontractor, Material Supplier or Laborer against the real property improved by the labor or materials of the lien claimant to secure the payment for that labor and/or material. A Mechanic's liens expire in the sixth (6th) anniversary of the date that it was filed. The six years can be shortened by the proper service of a Notice to Commence Suit which will cause the lien claimant to either assert their lien rights through a Foreclosure Action on the subject real estate within 60 days of the date that the Notice to Commence Suit was properly served or the lien will become void on the 61st day (contract rights will not be lost, only the lien rights). The lien may also be removed from the property by bonding it off. The bonding requirements, the posting of cash or a surety bond, vary depending on the amount of the lien claim. Another equally important question is whether the lien itself was valid when it was filed. There are several issues, first, what type of project is it? Is the private construction project a commercial project, a home construction or home purchase contract? If it is residential, is the prime contract with the homeowner or a developer? A mechanic's lien on a commercial project must be filed within 75 days of the lien claimant's last work on the project. If the lien is on a residential project, within 60 days. If the project is owned by a homeowner, the homeowner may have a "paid-in-full" defense to the claim of a subcontractor, supplier or laborer. Commercial project owners have no such defense. After the lien is filed with the county recorder, to be valid it must be perfected by serving a copy of it on the project owner/part owner/lessee within 30 days of the filing or posting it within an additional 10 days. The failure to perfect the lien within the stated time will void it. Commercial projects also require that the project owner prepare and file a Notice of Commencement with the County Recorder in the county where the project is located. If the NOC is filed, subcontractors and suppliers who wish to preserve their lien rights must serve a Notice of Furnishing on various parties, the owner/part owner or lessee, or possibly an "owner's designee (owners agent identified in the NOC) and possibly the original contractor, depending on the contents of the NOC and the relative position of the lien claimant within 21 days of the lien claimant's first work on the project. If an NOC is not recorded, no NOF is required to be served (but it is a good idea anyway because it will encourage proper payment to the subs and suppliers). Mechanic's Liens are authorized by the Ohio Constitution and Chapter 1311 of the Ohio Revised Code. Ohio Courts construe the statutes to determine what the legislature meant when it created the laws. For articles on this and other construction related topics published in Builders Exchange Magazine http://www.ohiolienlaw.com/bx/resources.php?news=7 . For a copy of Ohio Revised Code, Chapter 1311 (the Ohio Mechanic's Lien Law 1311.01-1311.32) http://www.ohiolienlaw.com/bx/resources2.php

How do you pursue a property lien?

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.

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