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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
500 Questions
Are VA disability benefits included as income when it pertains to the awarding of child support?
Asked by Wiki User
The simple answer to this question yes and no.
Can a judge do anything they want with judicial immunity?
The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.
Is VA Compensation supposed to be used by the court to do child support?
No.
Is VA Compensation the same as disability?
No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.
Is it legal to use VA Compensation for Spousal Support?
No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.
Is it legal for the COURT to use VA Compensation for Child Support?
Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1975 to 1987 the answer is yes.
From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.
38 USC § 211 - 1987
"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."
38 USC § 511 - 1988
"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."
This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.
Is it legal for the Department of Veterans Affairs to divide VA Compensation?
Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.
The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.
When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.
The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
Can you stop a levy in New Jersey?
Asked by Wiki User
Yes, a levy can be stopped, no matter it is an IRS levy or state tax levy.
There are several options to stop a tax levy：
- Pay the tax debt in full
- settle a payment plan if you can't afford it
How do you find lien holder on vehicle?
Asked by Wiki User
To find the lien holder of a vehicle, the registered owner of the vehicle will have to apply for a duplicate title. The VIN will be necessary to obtain the duplicate title. The lien holder will be listed on the duplicate title.
What is difference between charge and lien?
Asked by Lasyanik
A lien is a legal document that prevents sale, usually of a property until the debt is satisfied. Charge is an agreement to pay a debt in a specified tied under specified terms.
Can a condo assoc forclose on a unit?
Asked by Wiki User
By filing liens against the owner(s) of the unit. If the liens go unpaid, the association can foreclose on the unit and sell it in order to satisfy the liens.
More Detail
Foreclosing a unit to pay any monies owed to the association is usually a last step in a process that begins with the association notifying the owner(s) that monies are owed.
Owner(s) ignore these initial notices at their peril.
Can a person place a lien on their own property to protect it from creditors?
Asked by Wiki User
No, such an action is not possible, and even if it were it would not protect the person's property from creditor action. Personal and real property belonging to a debtor are protected from creditor attachment to the extent provided by the laws of the debtor's state. The exemptions that can be used to protect specific property against a judgment creditor are the same ones that are used when filing bankruptcy and in certain circumstances federal non-bankruptcy exemptions can be used as well.
If you owe back child support can you get a home loan?
Asked by Wiki User
Yes! my husband owed over 20K in arrears to the State he however has good credit (hard to believe but true) and has a good employement history. He qualified for a FHA loan and we closed on our first home last year. Throughout the loan process you will be discouraged and sometime denied because of the arrear on your credit but it all depends on who your broker is. I would not go straight to a big bank and apply for a loan but if you are current on your cs payments and owe arrears but have good credit and a decent debt to income ratio if it worked for us then it will work for you...We live in California.
Another PerspectiveA custodial parent who is owed arrears should follow through with Child Support Enforcement and obtain a Child Support Lien that can be recorded in the land records. Once the lien has been recorded a lender will require the arrears be paid off by the obligor and the lien released before it will loan mortgage funds. The laws may vary from state to state.
Can a towing company auction a vehicle without notice?
Asked by Wiki User
only if they have a lien on the the title for any service that you have not paid for. its called a mechanics lien.
Even if they have a mechanics lien, they still have to notify the registered owner via certified mail, and give them a chance to pay the bill. You can't just get a title or magistrate's bill of sale without proof that you have done everything possible to contact the owner first. The owner has 30 days to contact the person that has the vehicle. If they don't, then the vehicle can be sold at a magistrates auction and will be given a title for the vehicle.
Can you sell the mineral rights to your land if there is a lien against it?
Asked by Wiki User
A prudent buyer would require that the lien be paid off before the sale. If not the buyer would purchase the rights subject to the lien.
Can you put a storage lien on a food trailer if the owner of the trailer has not paid for the space he rented from you?
Asked by Wiki User
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
Can a creditor put a lien on the property you just sold?
Asked by Wiki User
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Can a construction lien holder force you to sell your home?
Asked by Wiki User
In a 'worst case scenario' probably they can. They have a legal lien against your property to satisfy an unpaid debt that is owed them. If they take you to court and are awarded a judgment against you, and your home is your only monetary asset, the court COULD order you to sell it to in order to pay off the lien.
What is the law on personal property when an eviction is taking place?
Asked by Wiki User
You should be able to remove all of your belongings within a certain time frame. However, it is not very long: maybe a day or so. Usually people have received warning that eviction will occur and they should plan accordingly to remove everything within that time.
How do you find out if I have a lien on your home?
Asked by Wiki User
Most places have title insurance companies that would do a title search for you for a fee, but you can go down to your local property record office (like a Register of Deeds or County Clerk) and search yourself for free. If you go the title insurance route, the company will guarantee the accuracy of their findings for you so you can rely on them, but again, you have to pay.
Can someone put a lien on your home when it is a personal loan and what if the house is jointly owned and the owners are not married?
Asked by Wiki User
A Mechanic's lien can be placed on a jointly owned home without the necessity of a lawsuit. All other liens against real property even that which is jointly owned must be obtained through the prescribed legal procedure (lawsuit) of the state in which the property is located.
What is the statute of limitations in Washington for a unpaid cell phone bill?
Asked by Wiki User
2 years. However, it will not go away from your credit report and from that company's records. Better to figure out how to pay the bill sooner than later. You used the service; you owe the company the money.
How can I tell if my title has a lien on it?
Asked by Wiki User
The name and address of the lienholder will be on the title under the name of the owner.
Can your car be repossessed during a chapter 13 bankruptcy?
Asked by Wiki User
BK proceedings will stop repo. action temporarily. A car is a secured debt, whether or not the lender will let you reaffirm your loan is entirely their decision. Most will if they feel you are going to be able to honor the contract. Repossesion is ususally more aggravation than profit for the lender. There may be, however certain BK statutes in your state that govern how such actions are governed.
Homestead exemption in Kansas?
Asked by Wiki User
According to Kansas Homestead exemption, homeowners are limited by the amount of land they protect but can exempt unlimited value in their homes. Protection for up to 160 acres of farmland and 1 acre of land within city limits is possible under Kansas homestead exemption.
Can you include back child support payments in a chapter 7 bankruptcy?
Asked by Wiki User
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
What is Ohio law concerning liens on property?
Asked by Wiki User
There are a number of types of liens on real estate in Ohio (as well as most states). The most common it a property tax lien, which will be on all property as we pay our real estate taxed in arrears. The next most common type of lien is a Mortgage, a consensual lien that the owner of the property has given to someone else to secure the payment of a debt or the performance of some act. There are also judgment liens, liens that arise after a lawsuit is complete where the winner, if owed money, can file a lien against the real property of the loser. Then there are mechanic's liens, which are liens by construction managers, contractors, subcontractors, material suppliers or laborers who performed labor or supplied materials or both, in furtherance of a construction project. The lien is against the improved real estate. There are many other kinds of liens, most of which have different methods of securing them and different lengths of time that they remain valid. Some are renewable (mechanic's liens are not). I tend to speak from the perspective of mechanic's liens as I am a construction lawyer in Cleveland. I have attached a link to articles that I wrote for the Builders Exchange Magazine which you may find helpful. Most are about mechanic's liens, some are about construction related topics.
If you are co-owners of property and one dies who owns the property?
Asked by Wiki User
What happens to real property upon the death of a co-owner must be set forth in the deed by which the parties acquire their interests.
If you own property as joint tenants with the right of survivorship or tenants by the entirety, when one dies, the survivor automatically becomes the sole owner of the real estate bypassing probate. The only responsibility of the survivor is to record a death certificate in the land records to clear the title. Tenancy by the entirety is reserved for legally married couples in those states that allow T by E ownership.
When two people own property as tenants-in-common, when one dies their half interest will pass to their heirs by their will or by the state laws of intestacy if there is no will.
The term "joint tenancy" should be reserved for a joint tenancy with the right of survivorship. Although many sources refer to tenants in common as a form of joint ownership that is a misuse of the term and is misleading. Joint tenancy and tenancy in common are properly referred to as different forms of co-ownership or concurrent ownership.
How long is state of Florida mechanics lien valid?
Asked by Wiki User
The length of a judgment depends upon the laws of the state in which the judgment is filed. Most judgments are valid from 5-20 years and some can be renewed at expiration. The information needed can be obtained from the land assessor's office in the county where the property on which the lien was placed is located. Mechanic's liens, on the other hand, are not judgments, but are only LIENS that are creatures of statute, so the duration of time that a lien remains valid should be set forth in the statute. I am an Ohio attorney, so I will speak from the perspective of an Ohio mechanic's lien. Our MLs are valid for 6 years from the date of filing. They cannot be renewed. Other states have MUCH shorter time periods. I know of some that are as short as 1 year, and as I do not know them all, there may be some shorter than that. The American Subcontractors Association has a manual entitled Mechanic's Liens and Bond Claims in 50 States. I have attached a link to the ASA website. I have attached a link to some articles that I have written on Mechanic's Liens which were published in the Builders Exchange Magazine. If you need help in another state, please feel free to contact me at the email address listed
Who can put a lien on your property?
Asked by Wiki User
Almost anyone to whom you are indebted that is awarded a judgment in a lawsuit or that is eligible to file a Mechanic's Lien. In most US states judgments awarded in small claims court are of a monetary nature only and cannot be executed as liens against real property owned by the debtor.
