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Liens

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

2,139 Questions

What happens if you buy a house with a lien on it and you didnt know?

Whose responsible for the house payment= mortgagee or owner

In California what will happen if you can not pay for your impounded car?

Any vehicle impounded that is not redeemed pursuant to

subdivision (d) and is subsequently forfeited pursuant to this

section shall be sold once an order of forfeiture is issued by the

district attorney of the county of the impounding agency or a court,

as the case may be, pursuant to subdivision (e).

If the legal owner or agent of the owner does not notify the

agency impounding the vehicle of its intent to conduct the sale as

provided in subdivision (g), the agency shall offer the forfeited

vehicle for sale at public auction within 60 days of receiving title

to the vehicle. Low value vehicles shall be disposed of pursuant to

subdivision (k).

That is straight from the California Vehicle Code Section 14607.6. It states that after 60 days if the vehicle is not redeemed, the State can file for ownership of the vehicle, and either auction it off or scrap it completely. You can avoid this by putting in a claim of your inability to pay for the vehicles release, and will be given more time.

Can you qualify for a homestead exemption if you have refinanced your home?

Yes but the mortgage will not be affected by the homestead. Modern mortgages contain a clause that waives homestead protection.

Can i File a lean for a renter not paying rent?

Take them to small claims court. A lien would be against yourself since you own the property.

If a couple is divorced and both names are on the deed can one person obtain a lien on that home without the other person signing?

When two people own property one can only encumber their half interest. If a bank loans them money and they default on the loan the bank can only foreclose on their half interest.

If person dies in Georgia had no assets no Will but only had car with lien from Title Max what happens to that car?

I think the car goes to whomever reaches it first, (I THINK)

Does it matte rif they died in Georgia?? they could have died in Washington and it would be the same, right?

Can a lien be put on a married couple's house to pay back credit card debt even if the card is only in one name?

http://wiki.answers.com/Q/Can_a_lien_be_put_on_a_married_couple%27s_house_to_pay_back_credit_card_debt_even_if_the_card_is_only_in_one_name"

What is to seek stipulation to lien priority?

It means that the parties are agreeing (stipulating) to who's liens are in first, second, third position.

Basically, who is first entitled to satisfy their interests in the property.

How long do you have to file your 2006 taxes if you owe?

There is no time limit if you owe.

Until you actually file a return, the statute of limitations time limit does not start running. They could theoretically pursue you forever.

When you owe money, you should always file on time, even if you can't pay. The penalty for not filing on time is TEN times what you would pay if you filed on time but didn't pay.

Can credit card companies put a lien on a house for unpaid debt if you bought your house through an owner carry?

Yes, it is irrelevant how the property was purchased. If it is titled in the judgment debtor's name a lien can be placed on the property. The exception could be if the judgment debtor is married and does not live in a community property state and the spouse is not a co-judgment debtor.

Can home assoc put a lien on your home if you Owen it?

It may depend on the state, but generally speaking, yes. Anyone you owe money to can put a lien on your home if they go through the proper legal process, which may be different depending on where you are.

Can a condo owner do their own remodeling?

Yes, as long as it complies with any regulations imposed by the condo association. This may very well be limited to the interior of the condo as most have strict requirements for exterior work.

To be more broad, the owner of any building can perform work on it so long as its permitted by the town and the work doesn't require a special license (plumbing, electrical, etc.)

Another Answer

Best practices dictate that you review your plans with the board, so that you can verify that you are not making any change to structural elements, weight-bearing walls and so forth.

As well, read your governing documents to determine where the line exists between what you own individually and what is owned by the association. If this line is 'the paint', then you need permission from the board to alter the walls, other than to paint them. (The line could also be 'back of the wall board' or 'the studs' or other.)

Fully documenting any upgrades that you perform on a unit is wisest, because often the current, association master insurance policies coverage is written as 'all in' an policy. This means that any permanent improvements -- that wouldn't fall out of the unit if you turned it upside down -- are covered by the master policy.

Your association manager can confirm the status of your master policy coverage. Otherwise, you are well advised to list your improvements on your HO-6 condominium owner's policy.

Finally, your board may require that you post a bond, to cover any damage that you do to property that you do not own individually. This may include wiring, plumbing, insulation, and so forth. As well, your board may prefer or require that you use a licensed, bonded and insured contractor for work inside your unit.

Statute of limitations La state taxes?

Different taxes have different SOLs. While they differe from State to State, for income taxes, 2 or 3 years from filing is common. However, the term from filing is very important. The SOL starts from when a complete return is filed. Don't file and you remian open perpetually. Also the counting of time isn't as simple as days on a calendar. Many things act to stop and start the time, the sending of any notice about it, received or not, until you respond for example...(so ignoring that notice doesn't help). If you are underpaid by more than (normally) 25%, then the SOL is overriden too, on the grounds that looks like intent/fraud.

Can an automatic stay stop the sale of an already foreclosed homestead property in Florida?

Almost never...once foreclosed and sold. Automatic Stay, like most things in life, really only effects the future. The time to act for the protection it provides is before. Of course its confusing because you say it was homesteaded and one would think the foreclosure was very complex and involved.

How can they put a lien on your home if you paid the contractor?

The problem is the Contractor hasn't paid someone, such as if it were a roofer and he owes his supplier money for materials he purchased for the work done on your home. I've dealt with a similar situation, to where my business supplied labor to a janitorial company that provided service at a university. We were forced to file liens against the university in order to receive payment. Make sure that your contractor is in good standing with his suppliers. It's not offensive to a responsible contractor to ask questions as "Who is your supplier?".

Car was fincanced and titled in NJ paid off after I moved to va. have a lien satisfied letter from the finance co and they sent the lien release electronically to the NJ DMV How do I get my title?

Call the DMV in NJ and aske to buy a copy of a duplicate title and have it mailed to your current address. In my state it would cost you six bucks plus postage and take about 5 days.

What happens after a lien is filed on your home?

You will be notified of the lien/debt. In order to clear the home title (i.e.- for sale, or refinance, etc) the lien/debt will have to be satisfied. Depending upon the size of the lien and the circumstances, the lien holder may be able to force a sale of the property in order to collect the debt. It also depends on the lien holder's position. Priority is given to a tax lien, then the 1st mortgage, 2nd, etc.

Is it lawful to place a HOA lien on a home that is in foreclosure?

The key in your question may be 'successful' instead of 'lawful'.

If an association waits until a home is in foreclosure to collect long, past-due assessments, the association may not be successful in collecting what is owed.

Best practices dictate that the association work with association counsel to collect past-due assessments.

Answer

Yes. It is lawful to record an HOA lien on a home that is in foreclosure. In fact, in some states HOA liens are given a special status, much like property tax liens, regardless of their recording order. See related link.

If a condo management company places a lien on your condo will you be locked out of it?

First, the conodminium association placed the lien, the management company just did the paperwork. A lien is placed on your condo to make sure you can't sell it without the back debts being paid. It is done to protect the association. This is usually done when assessments aren't paid on time. If you have fallen behind on your payments, then the association can withhold certain services, possibly even turning off utilities (depending on your documents and state law), but can't lock you out of your home. They can, however, foreclose on your unit if assessments continue to go unpaid.

Can a lien placed by condo assoc on property that is paid for show on credit report?

Yes.

A lien is a matter of public record and the credit bureaus will pick it up and add it to your record.

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