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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 HOA lock out a tenant if home owner has unpaid HOA fees?
In several words: Yes, and It All Depends.
The governing documents must specify that locking out a tenant is one option it can execute -- and one that is well known, documented and legal in your state -- to leverage an owner who does not pay assessments into paying them.
If, however, the tactic is not well known, documented and/or legal in this state, the tenant may have a cause of action against the HOA.
In this case, the owner enjoys a revenue stream from the unit, which has its operating expenses paid by assessments. So it's reasonable that the HOA use the relationship with the tenant to leverage payment of assessments.
Locking out the tenant should be one of the final acts that the HOA takes, after notifying the owner of being in arrears, denying the tenant access to amenities, filing a lien on the unit's title, calling the owner and asking for payment and even stepping into the revenue stream, so that the assessments are paid to the HOA by the tenant's rent.
It's also possible that the HOA can sell the unit to recover the monies owed by the owner.
The question is not quite clear, however, I will try to provide an answer. I am assuming that you are the renter and you contracted with an unscrupulous contractor. Since the contract is between you and the contractor, you will not be able to lien the property to get your money back as the landlord was not part of the contract. There may be restrictions in your rental agreement that prevents any modifications to the property without the landlords consent. Provided that you have proof of payment and a formal written agreement, you may need to go to small claims court. In California, contractors are not allowed to take deposits over 10% or $1000 dollars, whichever is less. Depending upon how much you gave them as a down payment, there may be a legal violation that can be addressed also, depending upon the laws in your state.
Can a lien be put on a personal injury case by child support?
can a lien be placed against a personal injury award
There are statutes which exist that cover situations such as these. Check with your local law enforcement agency to determine how the laws address "abandonment" of property in your state. You may be required to show a good faith effort to locate the owner and/or their heirs - also - if the vehicle was validly registered and titled with the state DMV you may also have to contact them since the vehicle ownership records probably still exist in their files. After all this time you may be entitled to claim the vehicle for the money owed for storage, if nothing else.
If you are an estate administrator how long do you have to wait for a lien to placed on estate?
The periods are different in every state. You need to check the time period for filing claims for your state. You should ask the attorney who is handling the estate. If there is none then you need to check your state probate code.
If I transfer my property to a child can a credit card company put a lien on the property?
That will not always work. If you have a judgment against you for a credit card debt, and if you received that judgment while you owned real property in that jurisdiction, there is automatically a judicial lien for the amount of the judgment against that real property. When someone goes to buy the property later, they are going to compel you to deal with that judicial lien one way or the other irrespective of whether you signed a quit claim deed over to your child for that property. The best way to handle this is to try to do what is called "avoiding" the lien. Whether you can do that or not depends on your specific situation.
Answer/ClarificationA transfer to avoid a creditor is a fraudulent conveyance and can be voided by a court. Evidence of fraud would be such factors as transferring the property for less that market value, transferring to a friend or relative, or transfer to a child.
You should also consider this:
You can execute a deed that transfers your property to your minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.
Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.
In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.
If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.
There is one more factor to consider. Once the child becomes eighteen, they will become the legal owner and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.
Can an hoa file for foreclosure without an attorney?
Depends - you need to know if your state allows corporations, associations and such (whatever kind of entity your HOA is) to represent themselves in court. Illinois, for instance, does not. Otherwise, if your state says it's ok, well, there's another maxim: "a lawyer who represents himself has a fool for a client".
Generally speaking major financial liens are removed from your credit history after 7 years. Of course, you can't rely upon the reliability of credit scoring agencies to do what is in your best interest. The thing to do is to contact the towing company, obtain proof that the lien has been satisfied, and send that info to all three major credit agencies.
It isn't likely they would take any action. If you make certain they are informed that you are taking steps to honor your financial obligations. Lenders do not like to repossess autos, (or anything actually). It is almost always proves to be more aggravating than profitable.
I was in the same boat,if u file with your lawyer and start the paperwork for your BK then they cannot legally take your car..I was behind 3 months and was scared everyday they were going to come get it,and my lawyers says once we start the paperwork and it is entered then no they cannot touch it.....
How long do you have to file a construction lien?
The deadline for filing a construction lien varies anywhere from 90 days up to 6 months from the last day of contractual work depending upon the state and whether you are the primary contractor or subcontractor. Many states also require Preliminary or Warning Notice requirements be met in order to establish valid lien rights. Failure to provide timely notices and recording the lien later than allowed can result in retaliatory lawsuits. The websites of many notice providers or lien law administration companies provide deadline and requirement information for each state.
You could, but I wouldn't recommend it, at least certainly not without a written disclosure of the pre-existing lien. Depending on when the new deed is recorded, the mortgage may then be outside the chain of title. You do not mention whether you plan on paying off the mortgage, which is an important factor.
Another Perspective
It sounds as though you want to transfer your property, that is subject to a mortgage, to a new owner before a creditor can record a lien. That is not a good idea. First, mortgages in the US have a due on transfer clause. The lender can demand payment in full upon any change in ownership. Second, a deed transfer for the purpose of avoiding creditors can be voided by a court.
IF they follow the laws of your state, YES. A repo is a repo is a repo. they may also be able(and more likely if you have a job)to garnish your wages. NEGOTIATE with them, they would much rather have money than the car. TRY to sell the car. Good Luck
How do you file an notice to owner in Florida?
In Florida when someone providing material, labor or services for the improvement or repair of real property is not contracted directly with the owner, they must serve a Notice to Owner to the owner(s), lender(s) and primary contractor no later than 45 days after the first day of work. If service is by mail (certified return receipt) then it must be postmarked no later than 40 days after your first day of work.
If there is a payment bond for the job then a Notice to Contractor is sent instead within the same timeframe.
The deadline for filing a construction lien is within 90 days of your last day of contractual work - punch and warrantee work excluded.
How can you get a state tax lien lifted?
You have a few options with getting a tax lien lifted. The main oneis just waiting until the lien expires and that is what most people do. You can also pay back the taxes and the lien will be lifted thirty days after you have payed it off.
A creditor can force the sale of only the debtor's interest in jointly owned property. However, creditors don't often bother to try to sell a half interest in property.
On the other hand, if the joint tenants want to sell the property, the lien must be paid off in order to clear the title so the property can be sold. The lien is generally paid from the proceeds of the sale at the time of the closing.
In the case of a tenancy by the entirety, a creditor cannot force the sale of the property for a debt made by one of the tenants by the entirety. If the property must be sold by the owners the lien is generally paid off from the proceeds of the sale at the time of the closing.
There is no statute of limitations on tax liens. If you don't pay the tax they will seize your property and auction if off.
How do you get rid of frogs around your property if you do not mind them but their poop bothers you?
to keep the frogs away spray ammonia around your house,like on the walkways and doorways,screenporch. IT WORKED FOR ME KEVIN , FLORIDA
What is the purpose of a lien being placed against real property?
A lien prevents the property from being sold without paying off the creditor. After a certain period of time, it is possible to foreclose on the property, sell it, and collect the amount of the lien, the balance going to the property owner or other creditors.
How To lift a lien for child support against Supplemental Security Income?
How To lift a lien for child support against Supplemental Security Income in Florida?
Where can you obtain hoa assessment lien form-AZ?
Your association's attorney can help you find the appropriate lien form. It is key that you follow your governing documents' collection process -- detailed in a properly adopted, and filed, amendment or By-law -- in order to assure the association's success in collecting monies owed by the owner.
If you chose the incorrect lien form, or if the association does not have the authority to file a lien, or has not followed the pre-filing steps required in your governing documents, the owner can challenge the lien and escape this action.
Collect non-payment of consulting services?
Anyone in the consulting business needs to have the forms at hand to take a customer to small claims court. Any more money at risk than that needs a contract beforehand--and a quick lawsuit if not paid. Be nice and be broke. You don't want to work for people who don't pay you anyway.
I don't know anything about Washington State in particular, but the Bankruptcy Code says that a judgment lien is avoided by the filing of a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f). Certain criteria must be met before the Motion to Avoid Judgment Lien can prevail, such as the lien has to impair an exempton of the debtor. Here is a link to a website that shows the form as we use it in Indiana, though the Court in Washington State may have their own form they prefer: http://www.insb.uscourts.gov/WebForms/00SampleFormIndex1.pdf Go to Sample Form 3 on this link and it takes you to the Indiana version, which may be acceptable in any State (I don't know). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How to find people that owe the IRS?
There is no way to find people who owe the IRS (Internal Revenue Service). These types of lists are not public information.
If your car is repossessed will it be a charge off by the finance company or will it be a judgment?
A charge off does not designate that the debt is not valid and collectible.
A judgment is a legal instrument awarded to the winning plaintiff in a civil suit and can be executed against any non exempt property belonging to the debtor.
Some means of judgment enforcement are wage garnishment or bank account levy or seizure and liquidation of assets or liens against real property).
Answer
If your car is voluntaryly given back or forceably repossed, the finance company will rate the loan as I7 or I8. (I- stands for installment loan--the 7 for voluntary and 8 for repossesion.If you don't make arrangements to get the car back and the alloted time has lapsed, the finance company can sellor auction the car in order to get reinbursed. Most times the car is sold for less than the loan balance (because thevalue is not there) which then creates a deficit balance. The finance company will now try to collect this deficit balance from you and ANYONE who signed the original loan papers. If it is not paid and the balance is large enough, the finance company can place a judgment again against ANTONE that signed. (This includes co-signers or divorced spouses.)The only way to get a judgment released is 1. Proving in court that it is not yours or that the balance due is not correct and a JUDGE statesthat the judgment is incorrect and dismisses it; or 2. A settlement agreement is made on the amount owed and it is paid.
How do you put a lien on a condo for due fees?
Read your governing documents and work with your association attorney to file a lien for unpaid assessments.
