Can a person place a lien on their own property to protect it from creditors?
No, such an action is not possible, and even if it were it would not protect the person's property from creditor action. Personal and real property belonging to a debtor are protected from creditor attachment to the extent provided by the laws of the debtor's state. The exemptions that can be used to protect specific property against a judgment creditor are the same ones that are used when filing bankruptcy and in certain circumstances federal non-bankruptcy exemptions can be used as well.
If you owe back child support can you get a home loan?
Yes! my husband owed over 20K in arrears to the State he however has good credit (hard to believe but true) and has a good employement history. He qualified for a FHA loan and we closed on our first home last year. Throughout the loan process you will be discouraged and sometime denied because of the arrear on your credit but it all depends on who your broker is. I would not go straight to a big bank and apply for a loan but if you are current on your cs payments and owe arrears but have good credit and a decent debt to income ratio if it worked for us then it will work for you...We live in California.
Another PerspectiveA custodial parent who is owed arrears should follow through with Child Support Enforcement and obtain a Child Support Lien that can be recorded in the land records. Once the lien has been recorded a lender will require the arrears be paid off by the obligor and the lien released before it will loan mortgage funds. The laws may vary from state to state.
Can a towing company auction a vehicle without notice?
only if they have a lien on the the title for any service that you have not paid for. its called a mechanics lien.
Even if they have a mechanics lien, they still have to notify the registered owner via certified mail, and give them a chance to pay the bill. You can't just get a title or magistrate's bill of sale without proof that you have done everything possible to contact the owner first. The owner has 30 days to contact the person that has the vehicle. If they don't, then the vehicle can be sold at a magistrates auction and will be given a title for the vehicle.
Can you sell the mineral rights to your land if there is a lien against it?
A prudent buyer would require that the lien be paid off before the sale. If not the buyer would purchase the rights subject to the lien.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Can a construction lien holder force you to sell your home?
In a 'worst case scenario' probably they can. They have a legal lien against your property to satisfy an unpaid debt that is owed them. If they take you to court and are awarded a judgment against you, and your home is your only monetary asset, the court COULD order you to sell it to in order to pay off the lien.
What is the law on personal property when an eviction is taking place?
You should be able to remove all of your belongings within a certain time frame. However, it is not very long: maybe a day or so. Usually people have received warning that eviction will occur and they should plan accordingly to remove everything within that time.
How do you find out if I have a lien on your home?
Most places have title insurance companies that would do a title search for you for a fee, but you can go down to your local property record office (like a Register of Deeds or County Clerk) and search yourself for free. If you go the title insurance route, the company will guarantee the accuracy of their findings for you so you can rely on them, but again, you have to pay.
A Mechanic's lien can be placed on a jointly owned home without the necessity of a lawsuit. All other liens against real property even that which is jointly owned must be obtained through the prescribed legal procedure (lawsuit) of the state in which the property is located.
What is the statute of limitations in Washington for a unpaid cell phone bill?
2 years. However, it will not go away from your credit report and from that company's records. Better to figure out how to pay the bill sooner than later. You used the service; you owe the company the money.
How can I tell if my title has a lien on it?
The name and address of the lienholder will be on the title under the name of the owner.
Homestead exemption in Kansas?
According to Kansas Homestead exemption, homeowners are limited by the amount of land they protect but can exempt unlimited value in their homes. Protection for up to 160 acres of farmland and 1 acre of land within city limits is possible under Kansas homestead exemption.
Can your car be repossessed during a chapter 13 bankruptcy?
BK proceedings will stop repo. action temporarily. A car is a secured debt, whether or not the lender will let you reaffirm your loan is entirely their decision. Most will if they feel you are going to be able to honor the contract. Repossesion is ususally more aggravation than profit for the lender. There may be, however certain BK statutes in your state that govern how such actions are governed.
Can you include back child support payments in a chapter 7 bankruptcy?
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
What is Ohio law concerning liens on property?
There are a number of types of liens on real estate in Ohio (as well as most states). The most common it a property tax lien, which will be on all property as we pay our real estate taxed in arrears. The next most common type of lien is a Mortgage, a consensual lien that the owner of the property has given to someone else to secure the payment of a debt or the performance of some act. There are also judgment liens, liens that arise after a lawsuit is complete where the winner, if owed money, can file a lien against the real property of the loser. Then there are mechanic's liens, which are liens by construction managers, contractors, subcontractors, material suppliers or laborers who performed labor or supplied materials or both, in furtherance of a construction project. The lien is against the improved real estate. There are many other kinds of liens, most of which have different methods of securing them and different lengths of time that they remain valid. Some are renewable (mechanic's liens are not). I tend to speak from the perspective of mechanic's liens as I am a construction lawyer in Cleveland. I have attached a link to articles that I wrote for the Builders Exchange Magazine which you may find helpful. Most are about mechanic's liens, some are about construction related topics.
If you are co-owners of property and one dies who owns the property?
What happens to real property upon the death of a co-owner must be set forth in the deed by which the parties acquire their interests.
If you own property as joint tenants with the right of survivorship or tenants by the entirety, when one dies, the survivor automatically becomes the sole owner of the real estate bypassing probate. The only responsibility of the survivor is to record a death certificate in the land records to clear the title. Tenancy by the entirety is reserved for legally married couples in those states that allow T by E ownership.
When two people own property as tenants-in-common, when one dies their half interest will pass to their heirs by their will or by the state laws of intestacy if there is no will.
The term "joint tenancy" should be reserved for a joint tenancy with the right of survivorship. Although many sources refer to tenants in common as a form of joint ownership that is a misuse of the term and is misleading. Joint tenancy and tenancy in common are properly referred to as different forms of co-ownership or concurrent ownership.
How long is state of Florida mechanics lien valid?
The length of a judgment depends upon the laws of the state in which the judgment is filed. Most judgments are valid from 5-20 years and some can be renewed at expiration. The information needed can be obtained from the land assessor's office in the county where the property on which the lien was placed is located. Mechanic's liens, on the other hand, are not judgments, but are only LIENS that are creatures of statute, so the duration of time that a lien remains valid should be set forth in the statute. I am an Ohio attorney, so I will speak from the perspective of an Ohio mechanic's lien. Our MLs are valid for 6 years from the date of filing. They cannot be renewed. Other states have MUCH shorter time periods. I know of some that are as short as 1 year, and as I do not know them all, there may be some shorter than that. The American Subcontractors Association has a manual entitled Mechanic's Liens and Bond Claims in 50 States. I have attached a link to the ASA website. I have attached a link to some articles that I have written on Mechanic's Liens which were published in the Builders Exchange Magazine. If you need help in another state, please feel free to contact me at the email address listed
Who can put a lien on your property?
Almost anyone to whom you are indebted that is awarded a judgment in a lawsuit or that is eligible to file a Mechanic's Lien. In most US states judgments awarded in small claims court are of a monetary nature only and cannot be executed as liens against real property owned by the debtor.
Do you have to have a lawyer to put a lien on someones house?
Technically speaking, no. However, if you want to be sure you've done it right and in such a way that it will actually stand up in court if challenged, having a lawyer is probably a good idea.
How do you put a lien on someones home without going to court?
Your first step should be to contact an attorney. Beware of self-help lien forms that are on the market. These will work fine if you are experienced in your state's real estate laws. If you are not experienced, even a small mistake can be grounds for voiding the lien and an award of attorney's fees in favor of the person who owes you money.
How do you get title transferred in your name if there is a lien on the property?
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
Can a lien be put on your house because your spouse owes money to their former spouse?
It depends upon the state in which the married couple reside and the way in which the property in question is titled.
In community property states both spouses are considered responsible for debts incurred during the marriage therefore all marital property would be attacheable.
If the property is titled Tenancy By The Entirety (not available in PC states) the property cannot be encumbered by liens when only one spouse is the named debtor.
Please note, it is the responsibility of the non debtor spouse to present the court and/or judgment creditor with valid documentation of the status of the property.
How do you obtain a lien release from dime auto finance?
If your question relates to an auto loan, as soon as you pay off the loan, the lender will forward you the original title and the lien holder box (indicating who has a lien on the vehicle title) will be signed (indicating it has been satisfied and released).
Once you have the vehicle title properly signed, you can freely trade or sell the vehicle.
If you sell the vehicle as part of a trade with a dealer they are willing to take the vehicle and upon payoff, they will get the title directly from the lender. (You'll be signing a release and authorization as part of the transaction.)