0
Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
How can you found out if your property has an owelty lien?
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.
If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.
If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.
If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.
If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.
If the defendant does not respond to the summons in the time indicated, the plaintiff usually wins the case by default. In such cases the judge awards a default judgement, the defendant may or may not be notified of the action depending upon the state's laws governing such issues. Once a judgment has been granted the winning plaintiff can enforce the judgment in numerous ways, one of those ways is a bank account levy/garnishment. A bank account garnishment can be in force for thirty days or until the amount is collected that is owed. Joint accounts are subject to garnishment to the amount that belongs to the debtor, it is the responsibility of the non-debtor to petition the court for the funds belonging to him or her. Joint marital counts are protected in a few states, however, the bank will generally "freeze" an account that it is not certain of, until the court rules on the validity of the garnishment order.
What do you have to do and prove to put a lien on something?
A lienor must have something to defend his lien rights in court. What that "something" is depends upon the type of lien (or reason for the lien). An extremely simplified explanation is:
- For a security lien an agreement or promissory note (or equivalent).
- For a construction (or mechanics lien) either a written contract or evidence proving the mutual acceptance of a verbal contract (invoices & copies of payments), unpaid balance of work performed and all preliminary and warning notice requirements met.
- For a vehicle, vessel or aircraft lien, proof of towing, storage or repair.
- For a judgment lien, a copy of the judgment awarded.
Anyone can type up a lien and record it with the local clerk in hopes of collecting money owed them but without adequate proof of their claim (and meeting the requirements and restrictions of that type of claim), they are liable for many retaliatory lawsuits from harassment to fraud that at the very least result in hefty fines and being responsible for paying everyone's legal fees and court costs.
An equitable lien exists independently of possession it may bind property not in possession at the time the obligation incurred but it cannot avail against the buyer of a legal estate for value without notice of the lien.
You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.
You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.
You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.
You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.
Is it effective for a property owner to sign prepare and place a lien on his own property?
A property owner cannot place a lien on his/her own property. To create a voluntary lien on property the owner must agree to transfer an interest to the creditor until the debt has been paid. When the debt has been paid the creditor executes a release of their interest in the property. A conveyance to yourself would be null and void because there would be, in legal terms, a merger of title. You cannot convey to yourself what you already own. There would be no conveyance.
How do you collect a judgment in Massachusetts?
You can't really collect a judgment unless you are going to use a collection service. You can also ask the court for a garnishment. Having a judgment does not mean that is automatically collected.
How do you get a copy of fl statute 718?
please forward a copy of the new updates adopted in 2011 for statue 718
Depends on the wording of the contract you signed. Sometimes the ciontract has a clause stating the bank may request all payment to be paid immediatly. I've never heard of it actually happening before though.
How to get rid of a car when lien holder died?
You need to obtain a release from the estate of the lien holder. Which means you have to satisfy the lien. That should allow you to obtain clear title.
I'm a little unsure of the situation. If your name is not on the property's deed/title, generally speaking, there should be no problem. Your credit rating is subject only to purchases and/or loans you, yourself undertake. I hope that helps.
How do you put a lien on a house with out equity?
Equity has little effect upon a lien. It just records the fact that someone has a claim to certain value in the property, regardless of who owns it or who has equity.
In theory you can buy and sell land without any effect upon the liens, as long as the buyers are aware that they are getting encumbered title.
If you believe your ex has filed the lien only to force you to give up title to the property, I would file a new petition with the original court that determined how the property should be split. Make sure you state in your petition that the Honorable Judge (last name) had ordered that the property at (give address) was to be solely held by (your name) but after the Judge's order, your ex (give his name) has filed a lien which you believe was filed only to give him control over the property. Then, request the Judge review this in light of the Judge's previous order.
Have all documents with you in case copies need filed with the petition. I would include:
- The Judge's prior order concerning THIS property
- The deed of the property in question
- The lien paper you received AFTER the Judge's order
Can HOA place a lien on house for violations in Florida?
You need to review the documents that created the HOA, especially the rules and regulations. It may have the authority to expend funds to satisfy the rules and regulations after the homeowner has ignored requests to address the situation. In that case it may have the authority to record a lien.
You need to review the documents that created the HOA, especially the rules and regulations. It may have the authority to expend funds to satisfy the rules and regulations after the homeowner has ignored requests to address the situation. In that case it may have the authority to record a lien.
You need to review the documents that created the HOA, especially the rules and regulations. It may have the authority to expend funds to satisfy the rules and regulations after the homeowner has ignored requests to address the situation. In that case it may have the authority to record a lien.
You need to review the documents that created the HOA, especially the rules and regulations. It may have the authority to expend funds to satisfy the rules and regulations after the homeowner has ignored requests to address the situation. In that case it may have the authority to record a lien.
How do you put lien on a property you sold?
You need to have a reason, bring a lawsuit and win. If you are successful in court you need to request a judgment lien and the court will advise you how it can be recorded in the land records against the property owner.
Can a buyer put a lien against property if you decided not to sell to them?
English letter sample - car transfer ownership
Generally, a waiver is a clause in a mortgage whereby you waive your right to your homestead protection as to that mortgage. A borrower should request that language be added to make it clear the protection is being waived as to only that mortgage.
Probably, yes.
Read your governing documents to discover the language about owing common charge assessments automatically. As well, find the language that indicates that assessments due are automatically a lien, and the association has the responsibility to file a formal document with the court in the case where you do not pay yours.
In this case, apparently, the bank is the owner. So yes, the HOA can file the lien against the bank's ownership of this unit.
How to find out if a vehicle has a lien on it in someone else's name?
it would be listed on the title
How do you collect on a court ordered judgment lien from a year ago?
Check out this link http://www.small-claims-courts.com/collection-small-claims.html
There are other links on this page to check out http://www.steveshorr.com/law.htm
Considering this was a court order, and there has been no payments regarding the debt. The persone who owes the debt is in direct violation of a court order. You may want to look into filing contempt of court charges against that person. Should they be requested to appear again before the judge for violating the order and not appear, an immediate "pick-up" order can be done by the judge, and that person will be placed in jail until the next available court day, or have the option of paying the debt + additional court costs and filing fees
VERY likely, YES. Type of repo doesnt matter. Read your contract as to what states laws goven collection activities. The l2 links below will give you more info.
http://www.georgia.gov/00/home/0,2125,4802,00.html
http://www.weblocator.com/attorney/fl/law/conspro.html
How can you find if there is still a lien against your truck?
Do you have title?
Check title to see if lien has been released
Check with RMV/DMV to see if lien has been released
