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Liens

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

500 Questions

What is the law on pickpocketing in Louisiana?

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Larceny is an intentional and unlawful taking of a person's property. If you are charged with petty larceny, up to 500 dollars in theft, your sentence may be less depending on if there are any other charges that are attached to your case. However, if you commit grand larceny, over 500 dollars in theft, you are likely going to be facing jail time.

What happens if a resident can not pay a condo association assesment?

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If a condo resident can't pay an association assessment, the repercussions can vary depending on the bylaws of the association and state laws. Typically, the association might first reach out to the resident to discuss payment arrangements. If the resident continuously fails to make payments, the association may resort to more serious actions, from charging late fees and interest, to placing a lien on the property, or even pursuing a foreclosure.

The key is early, open communication to prevent things from escalating. Address the issue as early as possible to find a solution. I've seen similar situations in buildings we managed at Daisy and what worked best was proactive communication and working out a reasonable payment plan.

Can a Lien be placed on property for unsecured debt?

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Yes.

For example, even without a written security agreement, your house or car or other property can have a lien attached when you have not paid for work done on them. This is called a "mechanic's lien" and could also apply to anyone who has delivered materials to your contractors for home improvement but have not yet been paid.

Any unpaid debt can result in a lien when a creditor sues you and wins a judgment against you. A judgment lien can be used to freeze a bank account or prevent the sale of real property once it has been recorded in the land records.

If state or federal tax authorities discover a bank account, or other valuable property, belonging to a tax delinquent, the account will be frozen or the property will be seized. For a frozen bank account the tax delinquent will generally be notified by the bank.

Another type of lien would be for non-payment of property taxes. Unless you resolve these within a prescribed period, the town/city could then file a "tax deed", taking title to your property, which is then sold at public auction to pay for the delinquent taxes.

Can a property owner file a lien against a contractor?

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depends on your state, but usually mechanics liens are for private citizens, you need to file a claim against a City entity (call them get a form), then if they reject/deny your claim you have to file a law suit. If you are a contractor its a particular form and you have to file to enforce it (i.e. they owe you money for a job you performed). What's your beef?

There are cetain civil codes and code of civil procedure youn need to follow, you can go to a law library, or ask for legal help on line.

How do you file a personal lien in Ohio?

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Some people will have you believe that Ohio Mechanic's liens are relatively easy to do. The answer is that they really aren't that easy. They are far more complex than merely "filling out a form." The statute, ORC 1311.01 has separate sections for private "commercial" projects, public projects, residential projects and oil and gas wells. In addition, there are hundreds of court opinions interpreting the statute, some of which conflict from county to county. Assuming that the project was not residential, gas and oil or public and there is no enforceable prohibition from filing a lien in the contract, the procedure is as follows:

  1. Before you start work on the project, obtain the Notice of Commencement, if one was filed and serve your notice of furnishing on all required parties (this will be the project "owner" if you are not an original contractor and if you are a subcontractor or supplier not in direct contract with the original contractor, you will also have to serve the original contractor).
  2. Within 75 days of your last work on the project (be careful if you are considering punchlist as your last day of work, because there are some prohibitions to consider) (60 days on a "residential" project--subject to a possible paid in full defense, 120 days on a public project or oil and gas well) file your affidavit for lien with the county recorder or recorders (if the project crossed county lines, yes some actually do) for the county or counties where the project is located.
  3. Within 30 days after you filed the lien, serve it on the project owner (for example, this could be the property owner or a lessee) (this is important and forgotten by people who don't regularly file Ohio mechanic's liens--forgetting to do this will make your lien void)
  4. Hopefully, you will be paid what you are owed and you will have to release or satisfy the lien.
  5. If you don't get paid, your lien will last until the 6th anniversary of the date you filed it. If you haven't filed a lawsuit to foreclose the lien by then, it will expire. Ohio mechanic's liens cannot be renewed or revived.

Mechanic's liens really are very technical and even the smallest defect can cost you the lien. If you need to file a mechanic's lien in Ohio (or any state for that matter) please contact a construction lawyer who understands mechanic's liens. For more information, check my website, I have several articles and videos about your mechanic's lien right.

How do you get a lien release from ford?

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I called Ford Credit at (972)-281-0500 and in about 2 minutes was told they would mail a duplicate title in 24-48 hours.

How do you settle a lien?

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How do you prepare a lien for an automobile?

Reposession laws in Virginia?

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2011 Code of Virginia

Title 6.2 FINANCIAL INSTITUTIONS AND SERVICES.

Chapter 22 Motor Vehicle Title Loans (6.2-2200 thru 6.2-2227)

6.2-2217 Limited recourse; repossession and sale of motor vehicle.

VA Code § 6.2-2217 (2001 through Reg Session)

6.2-2217. Limited recourse; repossession and sale of motor vehicle.

A. Except as otherwise provided in subsection E, a licensee taking a security interest in a motor vehicle pursuant to this chapter shall be limited, upon default by the borrower, to seeking repossession of, preparing for sale, and selling the motor vehicle in accordance with Title 8.9A. Unless (i) the licensee, at least 10 days prior to repossessing the motor vehicle securing a title loan, has sent to the borrower, by first class mail, written notice advising the borrower that his title loan is in default and stating that the motor vehicle may be repossessed unless the principal and interest owed under the loan agreement are paid and (ii) the borrower does not pay such principal and interest prior to the date the motor vehicle is repossessed by or at the direction of the licensee, then the licensee shall not collect or charge the costs of repossessing and selling the motor vehicle described in clause (ii) of subsection D of 6.2-2216. A licensee shall not repossess a motor vehicle securing a title loan prior to the date specified in the notice. Except as otherwise provided in subsection E, a licensee shall not seek or obtain a personal money judgment against a borrower for any amount owedunder a loan agreement or any deficiency resulting after the sale of a motor vehicle.

B. At least 15 days prior to the sale of a motor vehicle, a licensee shall (i) notify the borrower of the date and time after which the motor vehicle is subject to sale and (ii) provide the borrower with a written accounting of the principal amount due to the licensee, interest accrued through the date the licensee took possession of the motor vehicle, and any reasonable expenses incurred to date by the licensee in taking possession of, preparing for sale, and selling the motor vehicle. At any time prior to such sale, the licensee shall permit the borrower to redeem the motor vehicle by tendering cash or other good funds instrument for the principal amount due to the licensee, interest accrued through the date the licensee took possession, and any reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.

C. Within 30 days of the licensee's receipt of funds from the sale of a motor vehicle, the borrower is entitled to receive all proceeds from such sale of the motor vehicle in excess of the principal amount due to the licensee, interest accrued through the date the licensee took possession, and the reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.

D. Except in the case of fraud or a voluntary surrender of the motor vehicle, a licensee shall not take possession of a motor vehicle until such time as a borrower is in default under the loan agreement. Except as otherwise provided in this chapter, the repossession and sale of a motor vehicle shall be subject to the provisions of Title 8.9A.

E. Notwithstanding any provision to the contrary, upon default by a borrower, a licensee may seek a personal money judgment against the borrower for any amounts owedunder a loan agreement if the borrower impairs the licensee's security interest by (i) intentionally damaging or destroying the motor vehicle, (ii) intentionally concealing the motor vehicle, (iii) giving the licensee a lien in a motor vehicle that is already encumbered by an undisclosed prior lien, or (iv) subsequently giving a security interest in, or selling, a motor vehicle that secures a title loan to a third party, without the licensee's written consent.

(2010, c. 477, 6.1-497.)

How do you remove lien from vehicles?

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Pay the bill to bring the account up to date, including any penalty or advance collection and fee indicated in the default notice. The creditor will then be responsible for releasing the lien once the debt has been paid.

Why was the lien crop system bad bankers?

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They often could not collect on debts.

There were times when the loans were not repaid.

What happens to you when you have a tax lien against you and you don't have funds nor property to pay?

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In BC, when you sell a house, the lawyer must pay the lien and any other outstanding debts, such as taxes and utilities, before the person selling the house receives any of the money from the sale

Do you have to pay condo fees if condo does not follow guide lines?

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Yes.

Apparently, your question implies that using your leverage by not paying your assessments will change the behaviour of the board. This is not a valid assumption.

Read your governing documents to better understand your options.

Your monthly assessments pay the bills for operating the community. The bills may include basic utilities, maintenance and upkeep of the buildings and the grounds, master insurance policy premium payments and contributions to your reserve accounts.

If you don't pay your assessments, your association can pursue you to recover the debt, and may file a lien on your title, deny you services or access to amenities, or as a last resort, sell your unit to recover the money you owe.

Your board is legally liable under the laws of your state to operate your (non-profit) corporation and govern your private democracy according to the guidelines written in your governing documents.

Attend board meetings and be prepared to identify specific sections of your CC&Rs, By-laws and Board Resolutions that your board violates. Then, write a letter to the board pointing out their violation and request that the matter be handed at the next board meeting.

At the subsequent board meeting, request that the board vote to either operate according to the guidelines, or continue to operate in violation of them. Request that the vote be taken and recorded in the minutes.

This way, you'll begin to build a paper trail of the board's violations. Most board members soon realize the gravity of their violations and begin following the guidelines. Otherwise, you can rally similarly affected owners and by way of a vote of owners -- your governing documents state the percentage required -- remove the board and vote new members into the positions.

What is the statute of limitations on a lien placed on a house in the state of Florida?

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if its not used for its intended use for a period of 20 years the easement could be deemed vacated. but to clear the issue one should seek from the easement beneficiary a recordable statement subordinating its right to the land.

How can an HOA in Washington state enforce a lien for unpaid assessments?

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Asked by Wiki User

Read your governing documents to understand the process required, that the board must follow in order to file the lien. Then, understand the steps the association can take afterward.

The final step may be to sell your property to satisfy the debt.

Can a condo maintenance company be fired by the owners?

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Asked by Wiki User

Read your governing documents and determine under which provision your condominium is being foreclosed.

It isn't the maintenance company doing the foreclosing, it's the association's board of directors, perhaps through the maintenance or management company.


A condominium unit can be foreclosed upon by the association for non-payment of assessments, which owners are legally bound to pay.

What is the meaning of lien balance?

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Asked by Wiki User

The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.


Also can be said as

Security Money

Does house lien earn interest?

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Asked by Wiki User

Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.

Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.

Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.

Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.

If someone owes you money can you put a lien on their car?

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Asked by Wiki User

Yes you can! There are certain steps you can take, just make sure to follow the laws and regulations of your state.

1. Locate the signed work order of the customer.

2. The customer has a "reasonable" time to pay. You have to wait for the period to expire before you file your claim.

3. Get the proper form which can be located at your state government's website.

4. Send the customer a certified letter stating that repayment couldn't be arrange.

5. If there's no response file the lien where in the county where the car's located. The county clerk can help you with filing.

If the customer doesn't response to the affidavit the court will set a hearing date. If the customer doesn't respond to the court, a lien will be issued.

Best of luck to you.

A lien can be filed without the necessity of a lawsuit judgment only if it pertains to work done on the debtor's property, such as improvement of a structure or repairs on a vehicle. Such liens are referred to as Mechanic Liens.

The party wishing to partake in such action can file in his or her own county and if the lien is found to be valid it will be attached to the property designated even if that property is not located in the same jurisdiction. Such action is known as a "foreign judgment/lien".

Although court clerks can supply the necessary forms and other general information relating to how to file the complaint they cannot assist the person in any other manner. They cannot offer advice or opinion on the matter in question.

Can a lien be placed against a property which is in tenancy of the entirety but the judgment is against the husband only?

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No. If the property has always been in wife's name then it cannot be encumbered by a creditor of the husband. However, if the property was recently transferred by the husband and wife to the wife then the creditor may claim the transfer was a fraudulent conveyance and lacking any or significant consideration was made for the purposes of protecting the property from a creditor. A fraudulent conveyance will not protect the property from the husband's debt and may cause further problems.

If the lienholder is out of business how do get a lien release?

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Unfortunately for one that needs a lien release from a company no longer in business one will have to obtain a lawyer. The liens from the original holder usually become assets to the companies they owed.

How can you sell house with a child support lien on it?

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Asked by Wiki User

You must pay off the lien.

A vehicle with a lien on it cannot be vended (sold) legally. There is no way to transfer a title as the motor vehicle folks will know that a hold (the lien) has been placed on it.

Where can you check to see if there are liens on your home?

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Asked by Wiki User

You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.

You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.

You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.

You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.

How long does the homeowner have before a contractor can file a lien against your home?

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Asked by Wiki User

It depends on the laws of the jurisdiction in which the homeowner's association is organized.

Another Answer

The time delay depends on why the association wants to file and lien, and against what property title.

When the association wants to cloud the title to a property owned by someone who is in arrears for paying assessments, the time is defined in your governing documents.

Filing a lien, however, is one of the last actions that the association may take. The final action being foreclosure on the home, to sell it in order to collect past due amounts.

Finally, you are best advised to work with your association's association-savvy attorney, to insure that the correct lien for the correct amount is filed properly in order to protect the association.

Where do I go to get a house lien?

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Asked by Wiki User

You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.

You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.

You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.

You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.