answersLogoWhite

0

Liens

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

2,139 Questions

Can your homeowner association put a line on your house for back homeowner dues?

This sounds a little biblical and primitive, but may be allowed by your governing documents. Read them to verify that this is standard practice in your community.

Depending on where you live and the efficacy of peer pressure in the culture, this may be common. In Hong Kong, for example, people who don't pay their assessments on time can read their names listed on the reader boards in the elevator waiting area.

Best practices dictate that you pay the assessments that you owe. You can also discuss the matter with your board, so that there is an action plan in place to pay your over-due bills. Perhaps that will allow you to remove the line.

Does a tax lien stay on property forever?

A tax lien does not stay with property, it follows the person. (State and Federal Tax Liens)

Other types follow the property....Abstracts of Judgment, Mechanics Liens.....also voluntary liens such as Deeds of Trust, those follow the property as well.

Can you go around a lien on your property?

No. The purpose of a lien is to notify the world that you own someone money. When recorded against your real property it serves notice to a potential buyer or lender that the property is already encumbered. You cannot sell or mortgage the property until the lien is paid. You need to go around and pay it off.

If one spouse has a judgment against them in Florida can the creditor pursue or force the sale of a Connecticut property that is held by joint tenancy?

Generally yes, against the husband's interest only. However, they would need to find the property first and obtain a judgment in Connecticut.

Can a lien be placed against your wages?

Yes. A garnishment is a court order to an employer to withhold all or part of an employee's wages and to send the money to the court or to the person who won a lawsuit against the employee. That's usually the first thing the creditor does after obtaining a judgment against you.

Can lien be placed on a mobile home by the community where it is parked if money is owed to that community?

Yes, it is a form of or similar to a mechanic's lien. Any money owed as a result of any service performed on or for a vehicle (and a mobile home is a vehicle with a VIN--look at the frame underneath), a lien may be placed on it.

Can the lien holder take the car form the impound before the 30 day hold is up?

While I am not familiar with this "30 day hold," but the lien holder of a vehicle may take possession of the vehicle at any time after the loan has been defaulted. That is if you the borrower go delinquent on payments, and the vehicle is impounded (potentially for parking violations or excess unpaid tickets), the lien holder will receive notice. Actually they receive notice of impound even if you are not delinquent. If the lien holder pays the outstanding impound and storage fees, they may take possession of the vehicle.

How do you find a Florida condo association database?

The Secretary of State will list all associations that are corporations.

Otherwise, it's the local county tax assessor tax rolls.

You can contact a local realtor who specializes in condominium sales, and inquire as to a state-wide database.

What if you Judgment proof they go into your bank account?

if i am judgement proof do i half to pay the ir lawyer fees

How does the credit agencies find out about property liens?

The entity that has the lien notifies the credit reporting agencies or the lien shows up in the land records.

A contractor and his subcontractor are working the same job and the sub damages the contractors equipment whos insurance pays?

The contractor should make a claim upon the sub-contractors insurance and/or bond. If the sub-contractor defrauded the contractor on having insurance and/or bonding in place then he should report the contractor to the State licensing board, file claim on their insurance, and civil lawsuit (if the insurance company does not directly file or pay).

What are HOA's rights to enforce covenants?

HOAs typically are responsible for enforcing the covenants, conditions, restrictions, rules, etc. of a condominium, townhome, cooperative or even single family homeowners' association. The organic document, usually called a "declaration", specifies the rights the HOA has and the tools that the HOA can use to do so, usually in the sections that constitute the "by-laws" of the Association. The by-laws are similar to those granted to a corporation.

Depending on the jurisdiction (State), these tools include: the right to impose fines that, after being unpaid long enough, can allow the HOA to file a lien against a unit that, if unpaid, could result in the HOA being able to foreclose on the lien and have the unit sold to pay the fine; the right to file a lawsuit directly if the owner's breach of the covenant is bad enough, that could result in the granting of injunctive relief that could either require the owner to stop doing something or force the owner to do something, and may also be accompanied by a claim for money damages; alternatively for failure to pay fines or perform obligations, after a period of time the HOA may have the right to evict the owner and rent the unit to someone who will comply with the covenants.

During the "sell-out" period, when the developer may still control the HOA, declarations typically give the developer slack on things like the right to hang signs ("for sale"....) or other marketing type things, or enforce or not enforce certain covenants, so that the development can be sold out quickly enough and then the owners can control the HOA.

You really have to look at your State's laws as to HOA rights, and then look at the particular declaration for which rights have been given.

Does a real estate tax lien take precedence over a HOA lien?

Generally, yes. Liens for property taxes, HOA fees and assessments generally take precedence over other liens by statutory provisions. They have status as super liens. Property taxes generally take first place in most jurisdictions. You should call your local tax assessor. That office may be able to provide answer for your particular jurisdiction.

Can state use state tax for back child support?

No, but they can take away tax refunds to pay a child support arrears. Child support is separate and for all purposes at a higher category than taxes. Money owed towards taxes will be taken by other methods, but it is easy and now legal for child support to be taken from tax refunds.

What are the legal ramifications of withholding the monthly condo association fee?

The monthly condominium association fee -- properly, assessment -- is a sum of money you agreed to pay when you purchased your unit.

Assessments are spent to pay for services that all owners enjoy, such as maintenance, safety and protection of real estate assets owned in common, including in some cases, basic utilities.

Read your governing documents to remind yourself of your agreement to pay. Withholding your payment means that you're asking your neighbors to pay your bills.

Further, you can read the steps that your board can take to collect this debt that you owe, including placing a lien on your title, perhaps locking you out of access to amenities, and finally, usually as a last resort, selling your unit to satisfy your financial obligation to your community.

What day was the laser invented?

1960- this was the first working laser, but it had been a theory since 1917.

Mechanics lien can be placed on any of the owners property or only be placed on the property where the work was done or is a general lien and can be placed an any real or personal property?

A mechanic's affects the property where labor or materials were supplied for the improvement of that property. They are governed by state law and if the lien is not paid off with a certain short time period the lien must be 'perfected' by some court action to foreclose on the lien.

In some states the lien can be perfected in court and a judgment lien will be issued that once recorded in the land records can affect other property owned by the debtor. However, prompt follow up of the original mechanic's lien according to state requirements is required for the creditor to maintain their right to relief.

What is statute of limitations for car purchased 2003 and repossessed mid 2005 at borrower request?

If by "statute of limitations" you mean how long will you be responsible for any unpaid balance, that would be seven years from the date of last payment. If in the likely event that the lender obtained a judgment against you for the unpaid balance, that time limit will increase to ten years from the date of last payment. If the lender is not able to recover the unpaid balance in that time, he may petition the court for a ten year extension.

Will a top secret clearance be revoked if someone receives a federal tax lien?

It will most certainly cause problems, but the result would be up to the person reviewing the clearance approval.

Trending Questions
Is bank a real account? Can you now put a lien on the title for nonpayment and repossess the car if you have the bill of sale and promissory note signed by the buyer? What do you do when being harassed by your home owners association? Does a lien from condo assoc go away once fee's are paid? How much does a condo cost in Japan? Does the expenses of the home of the deceased get paid before medicaid lien? Can you remove a padlock attached to your property? How long does a lien stay on the car? Can you evict a stepmother if the property was given to you by a quitclaim deed through a father? How do you file a mechanic's lien bond in California? How long is a mechanic's lien good in North Dakota? Can you include back child support payments in a chapter 7 bankruptcy? Can a lien be put on a personal injury case by child support? Can a co-signer have a car repossessed if there is no lien? 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? How do you get paid if you are a subcontractor and the general contractor didn't pay you for working on a house can you put a lien on the owners house and how long after finishing can you do that? What does motion to avoid a lien mean? How do you remove a lien after 20 years? In Virginia how do you obtain a Mechanic's Lien for work done on a vehicle when the customer refuses to pay for the service? How does a landman file a lien against a broker?