Liens

You will not legally be able to sell the property if the girlfriend has a life interest unless you have her consent. She will expect some compensation, that needs to be negotiated with the estate. For example, the sale proceeds could be used to provide another property for her to live in during her lifetime. I would like to add this: It is true that the girlfriend will have to consent to the sale and even sign the contract for sale of the house and deed. Therefore, she will have to be satisfied with the price you're getting for the house as well as her share from the very beginning. In fact, if she were so inclined, she could just refuse to sell. How much do you have to give her? The value of a life estate is determined by using what are called "mortality tables". These tables calculate the expected lifetime of the girlfriend in order to get an idea of the value of her life estate expressed in terms of a percentage of the value of the property. As an example, the life expectancy of a 20 year old person is longer than the life expectancy of an 80 year old person. For this reason the value of the life estate of the 20 year old is greater than the value of the life estate for the 80 year old. These tables exist for tax purposes mainly and the girlfriend is free to hold out for a bigger cut. That's where the negotiation mentioned above comes in. Usually in these situations, the life tenant just takes a percentage of the net sale proceeds and goes.

Yes. If the association has exhausted all other means in its power to collect the debt that you owe, unsuccessfully, then the association can sell the property.

Certain statutory requirements must be met. See related link.

The collection agent would have to file a lien against your assets, AND prove their case, but, yes, if you have verifiable unpaid medical bills a lien CAN be placed against your assets by the court.

Once a valid lien is placed on a bank account, it is frozen. The bank is not allowed to let any money out of that account. This means that any checks written on the account that are still outstanding are going to bounce. In most states, the lien is just the first step of the process. The bank probably has to hold the money there for some period of time without giving any to the owner or to the lienholder. This period of time is given to allow the owner to go to court to explain why the money should not be turned over to the lienholder. If the owner goes to court and the court does not agree with those reasons, the bank will be authorized to give the lienholder the money. Also, if you ignore this time period, then the bank wwill turn the money over to the lienholder when the time period expires. You should also be aware that in most states, a lien will put a hold only on the money that is in the account at the time the lien is given to the bank. This means that deposits made after the lien has been filed (such as direct deposits or deposits made without knowing about the lien) may be given to the owner. They are not subject to the lien. And don't let banks tell you any different. You would be shocked at how stupid some banks are about this. Check your state's laws to be sure yours is like this.

You will need to file a civil suit in the county in which the ex spouse resides. If you are awarded a judgment you may then execute it in the manner allowed by the laws of the state in which the defendant lives.

Yes, The vehicle will then be encumbered by the lien and cannot be sold, traded or the title transferred. Once the lien/debt is paid the lien is lifted and the owner of the vehicle can obtain a clear title.

Action by a garage/repair company is where the term Mechanic's Lien first originated.

Yes, the term homesteaded (homestead exemption) refers to property that is the primary residence of the owner. Some states grant an automatic homestead exemption. In other states the owner must execute and record a homestead exemption in the land records.

Real property is subject to liens by a judgment holder in all 50 US states. However, in the majority of cases a forced sale of the property is not possible due either to the exemption protection provided under state law or state statute directly forbidding the sale of a primary residence for consumer debt.

No. Only a court can issue a lien. You would need to sue the car owner in court for a debt and win a judgment. The court could then issue a judgment lien and the sheriff could seize the car to pay your debt. A judgment lien could also be used to take any other personal property to satisfy the lien and it could be recorded in the land records if the defendant owns real estate. In that case, the property could not be sold or mortgaged until the lien is paid.

Generally, credit card debt is "unsecured" meaning there is no physical thing they can take if you don't pay. Your mortgage and car loans are secured debt, meaning if you don't pay, they can reposses the asset (your house or car).

I don't know how they laws work specifically in IN, but here is a good place to start if someone is telling you they will take your house for not paying your credit card.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Sorry, but that is erroneous. In every US state a creditor can file suit against the debtor and if the creditor is awarded a judgment they can execute it in whatever manner is allowed. That includes, bank levy, seizure and sale of unexempt property owned by the debtor, liens against real property owned by the debtor.

Unsecured debt simply means there is no collateral attached to the debt. It does not mean that the creditor cannot initiate a lawsuit to recover monies owed.

The matter in which real property is titled determines to what extent a lien will encumber it.

If you bought the property then you are the owner. You cannot put a lien on your own property. If you need to add more details please use the discussion page.

A dropping party is one where many animals are brought together in one area for an extended period of time until they all leave their droppings. And then the droppings are all put in separate containers and each party guest tastes each dropping and determines by taste which droppings belong to which animal. Who ever is closest to guessing them all right wins the designated prize.

If the lien is wrongful, write a certified letter to the lien claimant demanding that the lien be released. If the letter is not answered, or if the lien claimant refuses to remove the lien, you should see a real estate attorney. If the lien is legitimate, contact the lien claimant to work out a payment plan.

not really sure on this one but in order for the lien holder to have the vehicle in his/her posssision it had to be repossesed... and then it was stolen while it was in their possession then i would say yes.. but other wise cant really see a reason why the owner would not be the person that reports it to be stolen..... if in fact the car owner is deleinquent in payment and the car is reported stolen and the car owner goes to jail that is false imprisonment and you can sue..

10-20 years depending on state laws and the type of judgment that was awarded.
This varies from state to state, so check the laws of the state where the judgment was obtained. In NJ a judgment is valid as a judgment until it is paid or discharged through court process, like in bankruptcy. BUT: The judgment's effectiveness as a lien on the defendant's property is only for 20 years, but the judgment holder can extend it for another 20 years. The reason for the expiration is so that judgments that may have been paid but not discharged of record or just abandoned by the judgment holder do not clutter up the records.

Can a lien be placed on a home by a credit card company. A friend needed cancer treatment and the dr. said to pay up front. She charged 25000 to her card. Now she cannot pay the bill. She has tried to work with the Dr. He will no,t. Neither will the credit card co. They want it all now. What would the lien do to her. If she dies before the lien is paid then what? Thank you.

Georgia TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404)362-6500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. PLATES: Remain with the vehicle. If the DMV cant answer your questions, clik the link below and search on repossession legis.state.ga Plates no longer remain with the vehicle in Georgia, they are issued to the person now, and are transferrable.

When someone owes you money on a Workers Compensation claim you can file a notice and request indicating you want to place a lein with the WC Board which basically says, I am owed this amount for this work I did on the case and I want it when the case settles.

The answer to your question is available in your governing documents.

It is probably 'yes'.


In some governing documents, assessments automatically become a lien against the property's title, and the lien becomes formal and executable once the board or the association's attorney files the lien with a court.

Generally, child support liens take priority in a foreclosure proceeding. Child support liens cannot be wiped out in a bankruptcy proceeding. However, laws vary in different jurisdictions and you didn't explain the situation that is the basis for your question. You need to check your particular jurisdiction and provide more details.

If the credit card company who put the lien on your property won a lawsuit - making it a judgement, then the charges never go away. When you sell the property, the first monies you get will go to them.