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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 can be done if a Tenant is late with the first rent payment?
Depends on your lease. If the lease says something happens, then it does.
If the lease is not in writing, one of a few things can happen. Nothing is one. If it's very late the landlord could ask you for something like a late fee, and you could agree or not. The landlord could threaten to terminate your lease if you don't pay some kind of late fee, and that's a dilemma, especially where you set up a situation where you start paying late fees, then the next time the landlord will expect you to pay it like an additional part of the (unwritten) lease agreement
The interest of a co-owner can be attached by a creditor. That creditor can then petition the court to partition the land if the debt isn't paid and the debtors interest could be sold.
Can credit card company put a lien on property for unpaid debt?
Yes. If the creditor wins a lawsuit against the debtor a judgment is entered in favor of the creditor. A judgment can be executed against any non-exempt property belonging to the debtor including but not limited to the placing of a lien against real property. In most situations a lien is possible regardless of the status of ownership of the property, with the exception being marital property held under TBE laws.
I have a tax lien on my home can I refinance it?
The lender will require that the lien be paid off with proceeds from the refi if the refi is approved.
No. A lien encumbers the property and it cannot be sold nor refinanced without being satisfied or settled before any other financial transaction occurs.
Can you sell your own property while there is a lien on it?
The creditor must be paid at the time of the closing. Therefore, when you take title, the property will no longer be subject to the lien. Clearing liens is the responsibility of the closing attorney. It is the reason a prudent attorney (and a prudent buyer) makes certain a comprehensive title examination is performed prior to the closing.
How do you put a lien on a vehicle that has been left on another person's property?
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Is New York a lien theory state or title theory state?
Illinois is a lien theory state.
Illinois is a lien theory state.
Illinois is a lien theory state.
Illinois is a lien theory state.
How do you buy tax lien and deed from counties?
You buy a tax lien note by going to an auction and bidding on it. There are several programs and books on the market that can help you through this process. See the link below to visit the website, Tax Sale/Lien Reviews.
Can you put a lien on someones house if they owe you money?
A creditor must sue in civil court, obtain a judgment and then request a judgment lien that can be recorded in the land records. A judgment can be rendered for different types of debts such as default on a promissory note, credit card debt, personal injury award, wrongful death, etc. Once a judgment lien is recorded in the land records the property cannot be sold or mortgaged until the lien is paid off. Interest begins to accrue as soon as the favorable judgment is issued.
Mechanic's liens are in a different category than other types of liens. They are intended to protect contractors. A mechanic's lien can be recorded by anyone who supplied labor or materials to make improvements to a property, including plans and designs. These are exclusively a product of state legislation and vary from state to state. Most require that the lien be the result of work performed by a licensed contractor or a licensed business which normally supplies building materials to construction sites and that the amount of the lien not exceed the normal and routine value of the work performed or materials provided.
However, to have an enforceable lien, it usually must be "perfected" in compliance with with the statutory requirements for maintaining and enforcing the lien. These requirements, which contain time limits, can include the following:
- Providing the required preliminary notice to the property owner disclosing the entitlement to the lien (some states).
- Filing notices of commencement of work (some states).
- Filing notices in the required public records offices of the intention to file a lien if unpaid (some states).
- Filing the notice or claim of lien in the required public records offices within a specified period of time after the materials have been supplied or the work completed (all states). The law varies from state-to-state on both the triggering event and the timing of this. Some states require the filing within a period measured from the time when the claimant completes its work, while others specify the event as being after all work on the project has been completed. The filing time periods after the triggering event vary, with 4-6 months being common.
- Filing a lawsuit to foreclose the lien within a specified time period.
- Those states that do not require a civil court judgment generally include significant penalties for falsely attaching mechanics liens to property.
For any substantial amount owed you should contact an attorney who can review your situation and explain your options in your state.
You should not file a lien or begin any legal action against a person without first contacting an attorney. If you make an error in preparing and/or filing the lien documents, the lien may be voided and you may be held liable for the other party's attorney fees. Incorrectly prepared lawsuits can have the same result. If you do not have a lot of money for an attorney, look in your phone book for the attorneys (usually "sole practitioners" who do not have an ad) who offer free consultations. You cannot afford not to talk to an attorney.
You have the right to possess the car if your name is on the title as a co-owner.
How do you put a lien on a business for non payment debt collection?
You need to sue it in court and win. If you win you can request a judgment lien.
You need to sue it in court and win. If you win you can request a judgment lien.
You need to sue it in court and win. If you win you can request a judgment lien.
You need to sue it in court and win. If you win you can request a judgment lien.
Can a lien be put against a life insurance policy when the beneficiary owes you money?
Not with a properly named beneficiary.
If the beneficiary is the owner can the life insurance policy be attached by a lien?
If the person is deceased than you now have the money. I guess it depends on what entity is putting a lien on. Certainly the IRS can do anything they wish. I don't think any other entity can put a lien on the money any more than they could your 401K or Savings account. If you are truly concerned you should check with your lawyer.
Can a creditor place a lien against a house or car that's not paid for?
Yes. As an example, if a car is stored for a certain length of time without the storage charges being paid, the storage company can put a lien on it to pay for the storage. If the vehicle is not picked up after a "certain length of time" and the owner has been "properly notified" the vehicle can be sold in a lien sale. Laws vary a bit from state to state, but the basics are similar.
Can child support put a lien on property if you owe?
A Springfield, MO Court placed a lien on the estate that a deceased father would have inherited from his parents, cutting any possibility of his older children, from his deceased first wife, from receiving anything.
Answer
Yes. Child Support Liens are an important tool in collecting arrearages.
Although practices and resources for collecting child support arrearages may vary from state to state, the Uniform Interstate Family Support Act has been adopted by every state in the U.S. The Act establishes rules that require every state to defer to child support orders entered by courts in the child's home state.
Every state has a means by which a lien can be attached to any property owned by an obligor. On a basic level, those liens capture wages, tax refunds, real property and motor vehicles. The property cannot be sold or refinanced unless the lien is paid off. However, many states have become quite persistent and creative in finding other assets that should be used to support children of delinquent parents. Following are some examples.
Some states compare a list of obligors to lottery winners and hold back funds to pay arrearages. Some states restrict any type of license renewal until arrearages are paid. Some states search 1099s for IRA accounts. NJ has attached the award in a pending class action suit against US Steel. A Kentucky court ruled that a father's obligation was not terminated by his death. Maryland has a standard procedure for attaching an obligor's inheritance. The state of Florida discovered an obligor was the beneficiary of a NY trust and was able to enforce a judgment against the trust for arrearages and garnishment for future monthly payments.
Can a credit card company put a lien on your home?
A creditor can sue for a debt, whether or not someone's home can be seized and sold to repay that debt depends on several factors. In the majority of cases the state homestead exemption will protect a person's home from forced sale by creditors. Several states have laws forbidding forced sale of a primary residence, or unlimited exemption amounts which bear the same results. Creditor's prefer to use wage garnishment, bank account levies, or the liquidation of other nonexempt assets belonging to the debtor; rather than the complicated and costly seizure and sale of real estate. Generally when a judgment is used against real property it is in the form of a lien, which is also subject to state statutes on how it can be executed.
How do you place a child support lien on real property?
And here is more from other Wiki s contributors:
I know how it works in Texas. The Child Support Lien is not actually against the property, it's against the debtor. A title company checks for Abstract of Judgements, Federal Tax Liens, Child Support Liens, etc. when a person does a real estate transaction. If any are found the title company will require the lien(s) to be paid off on or before closing the transaction. To my knowledge, the only ones that can take your property(IF IT IS YOUR HOMESTEAD) are: IRS, DEA, TAXING AUTHORITIES, and the note holder. "Investment Property" is treated differently.
Can you file a lien on your ex's property for child support?
Yes. File a lawsuit in the appropriate state court then assuming a judgment is granted, execute the judgment as a real property lien against the non compliant parent. In some states the social service agency in charge will assist the custodial parent if there is a court order for child support already in place.
How do you file a contractors lien in Massachusetts?
The scheme for recording a mechanic's lien in Massachusetts is very clearly explained in the article at the link below. You must follow the statutory provisions to the letter in order to perfect your claim.
You filed chapter 7 in California 6 years ago how long do you have to wait to refile in WA state?
Bankruptcy is a Federal matter, your State makes no differece.
Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened.
LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED.
Let me add to the last post.
Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor.
If the debt was paid as unsecured (less then 100%), then you must have the lien avoided.
Most chapter 13's are less than 100% to unsecured.
Why was the crop lien system so bad for merchants?
Their businesses failed if they could not collect debts.
How long do you have to lien a property?
Until the debt is paid in full, or if the creditor decides not to renew. A lien in some states can last for 20 years before it needs to be reinstated. Check your state statutes, or with the recorder of real estate office where the lien was granted.
Can the IRS place a lien on a house that you are a trustee for?
Yes. The trust must be drafted by a professional to make certain it is a valid trust. The property must be transferred to the trust prior to the lien. You should consult with an attorney who specializes in trust and tax law.
Yes. The trust must be drafted by a professional to make certain it is a valid trust. The property must be transferred to the trust prior to the lien. You should consult with an attorney who specializes in trust and tax law.
Yes. The trust must be drafted by a professional to make certain it is a valid trust. The property must be transferred to the trust prior to the lien. You should consult with an attorney who specializes in trust and tax law.
Can a family put a lien on your house in NJ?
For example, say you owe your mom $10k for a loan she gave you two years ago. If she has anything in writing stipulating you are in acknowldegement that you owe this debt, and you don't pay it she can take you to court and if she wins a judgment she can then put a writ out for payment, just like when the court garnishes wages. (Try to solve all your issues outside of court, it can save a lot of money and a lot of headaches.)
How can you find out if there is a lien against your property Pennsylvania?
Look at the Title. If there is a lien it should be listed, but even then you should check with your DMV/MVD or a 3rd party title agency for a title/lien check. (Current cost at MVD in AZ $3.00)
