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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 you get a mortgage with IRS liens?
No. The liens must be paid off before a lender will grant a mortgage. Sometimes the lender will arrange payment and roll that amount into the amount borrowed.
You need an attorney to give an accurate and well informed determination on this matter.
AnswerYou cannot place a lien on any property without a court order to that effect. If your husband has refused to pay money that was ordered as part of a divorce action then you need to return to that court and file a motion for contempt of the court order. You can request that the court issue a judgment lien that you can record in the land records. As part of your motion you can inform the court that he has arranged to hold title to his property in another person's name to avoid you as his creditor. The court may allow you to attach that property. You should call the attorney who represented you in the divorce. They are familiar with your case, familiar with the court and know the steps you need to take to get your money.
Does a mechanical lien cancel other lien?
No. But some liens have priority over others. Usually the first lien to be filed has priority. But not always. Without knowing what the "other lien" is for, it's impossible to provide a more specific answer.
What form do you use for a real estate lien?
There are many types of liens. You need to state the type of lien and provide more detail.
How do you place a lien on a person who owes you money but you don't have a written agreement?
It's probably not possible unless you performed physical work on their property or provided materials which ended up improving the value of the property. A mechanics lien is very specific in it's scope. You may be able to take the person to small claims court to request a judgment, but there are specific requirements for that as well. You need to do some research which is specific to your state.
What does Bid Down mean in reference to Tax Lien properties?
Do you mean bidder down? if that is the case it means the next highest bid.
There are 5 types of bidding systems when bidding on tax liens...
1) Bid Down the Interest - means that the state sets a maximum interest rate for bidders at the auction, but bidders may bid a lower amount acceptable to them. For example, the maximum interest rate may be set at 18%, the bidding will start at this rate and bidders will "bid down" the interest until there is a winning bid. Sometimes liens can be bid down as low as 1/4 percent.
2) Premium Bidding - occurs when the lien is awarded to the investor bidding the highest premium above the lien amount. For example, on a $600 lien, the winning bid may be $1000 ($600 lien + $400 premium). However, check with that county to see how they will handle the interest rate for both the lien and the premium (sometimes you don't get the same interest rate for both).
3) Random Selection - county official randomly selects a bidder number and to see if that investor wants that particular lien. If that investor does not want the line, the official will randomly pick another investor, and so forth.
4) Rotational Bidding - all investors receive the same number of chances to purchase a lien. The county official will offer the first lien on the list to bidder #1, then the second lien is offered to bidder #2, and so forth.
5) Bid Down the Ownership - investors bid down how much of the property the lien will encumber. For example, an investor may buy the lien accepting an encumbrance on only 50%, 25% or even 1% of the property.
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You are still walking. You must pay off the new holder of the note. act wuick as they will sell it fast.
What is the verbiage for a cattle ucc filing?
UCC filing is done to document tax information for cattle and livestock. The verbiage used is similar to legal language.
I needed a release of lein on my car. I called Citigroup, which now owns what was formerly Arcadia at 212-559 1000. They were very helpful. Gave me an email to write to and I sent them my infor, eg, name address, telephone. Had to send Year, Make Model and Vin number. I was contacted in a couple of hours and they informed me they were sending my lein release over night. I was shocked and elated. Wonderful service. I did business with Kathryn Mbodj, Telephone No. 469-220-4019 through e-mail. Great customer Service. Latinaflor
What kind of lien can be filed on a commercial property for services and materials by a occupant?
A creditor must sue in civil court, obtain a judgment and then request a judgment lien that can be recorded in the land records. A judgment can be rendered for different types of debts such as default on a promissory note, credit card debt, personal injury award, wrongful death, etc. Once a judgment lien is recorded in the land records the property cannot be sold or mortgaged until the lien is paid off. Interest begins to accrue as soon as the favorable judgment is issued.
Can a lien be placed on home for unpaid plumbing work?
Yes. Generally, the rules vary from state to state but the plumber can record a mechanic's lien and then follow it up with a lawsuit that may result in a judgment lien on the property.
Yes. Generally, the rules vary from state to state but the plumber can record a mechanic's lien and then follow it up with a lawsuit that may result in a judgment lien on the property.
Yes. Generally, the rules vary from state to state but the plumber can record a mechanic's lien and then follow it up with a lawsuit that may result in a judgment lien on the property.
Yes. Generally, the rules vary from state to state but the plumber can record a mechanic's lien and then follow it up with a lawsuit that may result in a judgment lien on the property.
What is the statute of limitations on mechanic's liens on machinerey in Texas?
This is actually not an easy question to answer. Some extra details need to be known. Was this a residential or commercial project? Was the machinery supplied to the original contractor or a subcontractor? This is the kind of information needed to determine if you are a first or second tier claimant. Section 53 of the Texas state property code goes over all the time frames for notices and filings.
Here is a quick example of the general time frames for work that was done in January
Non-Residential Project (Work done in January) 2nd tier notice to GC due: March 15th 1st tier notice to owner and 2nd tier notice to Owner/GC due: April 15th Lien Affidavit due: May 15th Residential Project (Work done in January) 1st and 2nd tier notice to owner and original GC due: March 15h Lien Affidavit due: April 15th
This is only to provide an easy example and may not (most likely won't) fit every situation. It is always best to seek legal counsel if you are unsure.
Depending on state statutes pertaining to child support. It may be repayment of money that was owed before the termination. The SOL is not always applicable in child support orders. The best option would be (other than hiring legal counsel), contact the court clerk of the court that oversees support orders. Explain your situation, they will inform you the actions needed to rectify the problem.
The question is unclear. If a security agreement is not completed and signed by the debtor, their is no security and a UCC alone will not. If you know/believe there was a security agreement signed and cannot locate or get access to it: a UCC-1 that has the "stamp" or other certification on it that the Secretary of State "recorded" the UCC-1, then the creditor indeed has a security interest. You can call the Sec'y of State and ask the procedure for filing a UCC-1. The process of doing so, and receiveing a copy back with the recording information on it, is called "perfecting a security interest". The office can also tell you how to do a search, and the cost, to find out if the UCC-1 was recorded, and the cost of getting a copy. This is all public information, in fact, the act of filing the UCC-1 in this "public" manner is part of the legal requirement of perfecting. In additon to talking with the office of the Sec'y of State, you can learn more, including the extent this is accurate in the state in question, by talking with business lawyers and bank loan officers. Check the legal section of book stores too, many have a department with books on variuos aspects of the law, including how to create a security interest.
The estate has to pay off all debts before it can distribute anything to any of the heirs. The estate will have to liquidate all assets to pay off the debts. If it isn't possible to pay all the debts, they will have to show a plan to the court showing how they are fairly dividing up the available assets between the creditors.
Can the HOA continue to collect payment once a lien is filed?
Any lien covers past-due assessments: ongoing assessments if left unpaid means that you are enjoying the real estate at the expense of your neighbors.
Assessments continue even after a lien is filed: the lien may insure that all the assessments are paid at some time of future sale, but without these cash flow dollars, the association may not be able to pay its bills.
Assessments pay for the operation, maintenance, upkeep and protection of the real estate that all owners own in common.
Your continued enjoyment of that real estate assumes that you will pay for it: this is the purpose of assessments.
Yes. The bank must get a court judgment and can then record a lien in the land records against your real estate.
Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.
So, the short answer is no, but there is a multi-step process represented within the question.
First, can one place a lien on real estate in the county of Union NJ? Yes, if you have a financial right to do so. Those that may place liens on properties include the following:
* Mortgage Lender (primary, secondary and lines of credit)
* Contractors (that worked on the house as primary agents only for unpaid bills)
* Tax Authority (for lack of payment of property taxes or any municipal taxes that have been tied to the property for collateral)
* Judge (if there is a civil case, the judge may award some party money and force a lien on the property to support covering the amount owed)
* Others (depends on circumstances)
Next, can one sell the real estate that has a lien on it? No - only the owner or the bank have the right to sell the property. The lien holder is merely a creditor at that point and has to "get in line" to get paid as a result of a sale.
Finally, can the proceeds of a real estate transaction be used to pay off credit cards? Yes. Assuming the transaction was a legal real estate transaction, the proceeds may be used for whatever purpose the seller wants.
That means that the owner had some equity in the property. The bank agreed to give them some of that equity for a clear title.
Can a UCC-1 be done when someone dies and his name is the only one on the deed?
No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.
No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.
No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.
No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.
Does it matter how much the debt is in the state of Texas?
The whole country has been operating in a state of bankruptcy since 1931. In fact this is the 4th Bankruptcy our union has faced.
Me, I started to ask you how you managed to buy a car, but that's not relative now. I would think it will be extremely hard to accomplish. Good Luck
It is not uncommon for people to be able to finance and afford a car when they sign a contract, and later to experience sudden unemployment, underemployment, or other financial difficulties which make it impossible for them to fullfill their obligations.
The creditor will usually sell the car and charge you with whatever the difference is between what the car sells for and what you agreed to pay.
Often, this can be paid off over time, and the payments will not usually be as much as the initial payments on the loan were.
If you are able to, work out a payment plan with the creditor, letting them know you are willing to pay as much as you can until the balance is paid off.
If they refuse to negotiate and sue you for the balance remaining after they sell it, you will have the chance to present your case in court. You might be able to work out arrangements you can afford, if you provide proof to the court of your low income and evidence that you tried to work out affordable payments with the creditor, and they refused.
Good luck. You are not alone.
Good response.The best thing would be is to file bankruptcy and have the loan discharged.
Yes, hindsight is 20/20. We don't know what will happen a few years from now, or even tomorrow. We buy a car one day that we can afford and a few years later we become sick and/or lose our job and cannot make the payments. The lenders are not willing to work with you. What choice do you have?
