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Liens

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

2,139 Questions

A tax paid to the church?

A church which places a tax upon its members is not a church I would wish to belong to. It would be like saying "If you want to belong to the church you will have to pay to get in". Any monies paid by the congregation for the upkeep of the church or to pay the minister salary is done voluntary and the monies are not set by the church. One may pay a tithe but that is set by the Lord, usually one tenth of members income. To pay a tithe is a blessing, to be taxed is of Satans doing.

A regular voluntary contribution is inevitable for the maintenance of the church and the sustenance of those who fully engaged in church works.

What is a lien in regards to a loan?

An IRS tax lien means the IRS is placing a lien against your hours or other personal property. This is usually due to you owing the IRS an amount of money. If you cannot pay it within a certain amount of time, they could put a lien on your property, seize it, and sell it in order to make the money they are owed.

Can you sue for money you loaned another person?

Unless you have had a contract drawn up between the two of you re at least a Notary Public (witnessed) then no, you can't sue this person. It's your word against theirs. Even if you've kept some check receipts it won't do you any good because it could be paid to you for any reason. Also cosigning for a person is risky business. When you cosign you are responsible for paying that debt and should the person loaning the money refuse to pay you are stuck with the debt.

How do you find out how much a lien is for?

== == A lien is registered either at the county or State level, and it prevents a property from being sold until the amount of the lien is paid off in full to the lienholder. By doing a lien search, you can find out the amount of the lien, and who holds it.

Will your disability be garnished to pay child support?

SSI cannot be garnished. SSDI has a separate child benefit check, so a modification should be made so that the obligation will equal it, but any arrears can still be deducted. however, if some or all of those arrears are a result of the time period between becoming disable,and being approved for disability, a retroactive reduction motion should also be filed.

Can you put a lien on a house that you are renting for improvements you made to the house?

Only if the landlord agreed to pay for those improvements. Normally, you would not be reimbursed for the cost of repairs or improvements you did not have permission to make. In fact, you might be responsible for paying to restore the property to its original condition if the landlord did not like your improvements.

How do you place a lien on personal property to cover a loan?

The lender will need to file a lawsuit against the borrower in the state court of jurisdiction in the county in which the borrower resides. The simplest method is by use of small claims, although recovery amounts are limited and in the majority of US states a small claims judgment cannot be used as a lien against real property Contact the clerk's office of the court in which you want to file suit for information on filing procedures.

How to find a lien holders name?

Assuming the property is real estate, this information is available from the county recorder of deeds. The recorder of deeds is usually located in the county courthouse. It is also possible to obtain the information online if the recorder's office provides that service.

In California can a homeowner's association file a lien on a property?

In any state, an association can file a lien on a property, usually as a last resort, in order to collect unpaid monies owed to the association by the owner.

Read your governing documents to determine the steps the association must take in advance of filing a lien -- the owner is owed due process -- and these steps are set out there.

When it's appropriate, work with your association-savvy attorney to file the proper type of lien on the title for the amount owed, including interests and fees.

Can you attach a lien to a lien?

Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.

Does a federal tax lien have priority over state tax lien?

Not necessarily. The old adage of "first in time, first in line" comes into play. To expand, let me explain that, for example, at a real estate closing where both reps of the IRS and State are in attendance, this situation will be discussed by all concerned parties. Usually, it has been predetermined by the attorneys (and tax reps) who is getting what and why. Now, if we are talking about personal property, it doesn't really matter who filed first, but rather who executes first. The existence of a Federal Tax Lien or that of a State tax lien will not prevent either jurisdiction from taking action on personal property. As a matter of fact, the IRS doesn't even need a filed Federal Tax Lien to take action on most personal property, if not all personal property. A Lien arises (non filed) from the mere refusal/inability to pay federal taxes

How do you file a property lien for unpaid condo fees in the state of CA?

Read your governing documents to understand what's legal in your community and state.

Usually, the association's attorney gives notice, which is required, with an opportunity given to the errant owner to make an arrangement to bring the account current. Once this process is complete, if the unpaid assessments remain unpaid, then the attorney can file a formal lien with the local courthouse.

How does a home owners associaton file a lien against you for over due fees?

Best practices dictate that you work with you association-savvy attorney, who can review your governing documents and employ the guidelines there to verify that the board has completed all the necessary steps that must occur before filing a lien.

Then, your attorney can file a lien, of the proper form, and for the appropriate amount, that includes not only the unpaid assessments, but interest, fines, filing fees and attorney expenses.

How do you put a lien on property in wa state when you live in Arizona?

== == Go to the county court where the property is located, Speak to the Clerk of the Court, and explain what you want to do. He/she will advise you how to proceed and if you need a lawyer or not.

How does a lien protect the lien holder on a car?

A lien holder on a car title or car loan just means that person is the full owner of the car. If your car gets totalled or goes into default, the lien holder can retrieve the car from you because they have full ownership of the car.

Lien Holders are used for lending purposes. This means the lien holder has no liability responsibility. The registered person on the car is required to have liability coverage on the car according to law and not hold the lien holder liability on the car if the car gets damaged or totaled.

Lien Holder means they fully own the vehicle until the loan is paid off.

Can a lien be placed on a property that belongs to a debtors child?

I assume you mean a debtor who has had a judgment and a judgment lien entered against him.

In this scenario, there would be certain situations wherein the judgment lien debtor's child interests could be affected, although no true legal liability would attach to the debtor's child's interests. However, these would only extend to property owned in some way jointly with the debtor himself or herself.

Assuming you refer to real property, if a debtor and the debtor's child were to own real property in a joint tenancy with right of survivorship, such a judgment lien could attach to and encumber the property. This is similarly true with a tenancy in common.

If possible, the lien would only encumber the real property to the extent of the debtor's property interest. And, if at all possible, any kind of equitable partition that could be ordered by the court would be ordered upon motion, to sever the debtor's child's property interest from the encumbrance.

Since partition is often not practical, a lien against the debtor as joint owner could adversely affect--practically but not legally--the debtor's child's property interests. This could extend to foreclosure of the lien; however, the court could be moved in several ways to facilitate preservation of the debtor's child's property interests to the greatest extent possible.

How do you file a labor lien for services performed and not paid for by a sub contractor?

Assuming that "labor lien" refers to work done on a home or building in which the contractor/worker was not paid for, it is known as a 'Mechanic's Lien'. The person wishing to file the lien should take (or send by registered/certified mail) the required documents to the county assessor's/land recorder's office in the county in which the property is located. The first step would be to contact the assessor's office for specific information as US state laws differ as to what documents are required as proof of a debt owed.

What happens to a tax lien on a property lost in foreclosure?

Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.

How can you get a lien removed from your property due to child support?

Pay them.Child support and the IRS are what we call forever debts,not a court in this land would dismiss either one.Bankruptcy court can not touch them,you can list but trust me when you sell these people will get there monies....

How to file a lien?

A Mechanic's lien is filed by going to the city or county recorder's office with the documentation required by the state where the property is located.

To file a lien against a debtor for other purposes, the lender must sue the borrower and then enforce the judgment award as a lien against real property belonging to the person in question.

How does a condo assoc take out a lien for non payment of monthly dues?

You can find the answer you want in your governing documents.

Usually, assessments automatically represent a lien against the title, and the board -- with its attorney -- can file a formal lien with the hall of records where the unit's deed is filed, for unpaid assessments.

An attorney who represents condominium associations in your area can help you file the necessary lien, given appropriate records to indicate non-payment of assessments owed and unpaid. In addition, be prepared to show evidence of the association's attempts to collect past-due assessments.

If your wages are being garnished can they put a lien on your home?

Judgment collection laws vary by state, but the law laws in most states give the creditor broad discretion on how to enforce the judgment. In California for example, there is no law against putting a lien on the debtor's home before, during or after the wage garnishment. * In the majority of cases a single judgment cannot run concurrently nor can the single same judgment be executed as multiple methods of "cure". The exception is child support and/or federal or some state tax arrearages.

Can a lien holder report the car stolen for being behind in payments?

Of course not. The car has not been stolen. But guess who is going to have to make the payments if the primary lender does not. You the cosigner, that's who. I would suggest you talk to the person you cosigned the loan for. If I were going to have to make the payments I would for sure try to gain possession of the vehicle. This is the very reason cosigning is a bad idea.

Can a debt collector place a lien on your home if your name is on the deed but not on the mortgage?

Yes. If you own an interest in real estate by deed then the property is vulnerable to your creditors unless the property is held with your legal spouse as tenants by the entirety.

Absolutely right ... and to add:

The only way to get your name off the mortgage loan is to refinance the loan.

Regarding the deed: even if you filed a "quit claim deed", your name does not get removed from the original paperwork. Again, the only way to completely remove your name from any ownership of the residence, is to refinance the loan without your name listed on the note.