answersLogoWhite

0

Liens

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

2,139 Questions

What is a Claim of Lien in Florida?

A Claim of Lien is a formal and recorded notice that a lien has been placed on property.

In Florida, if the lien results from improvement made to a personal residence the lienor may take action to enforce the lien, which can include foreclosure on your home and a forced sale on the court house steps. A construction lien "expires" or becomes unenforceable 365 days after it was recorded.

If you receive a Claim of Lien take it very seriously, do not ignore it, speak to a Florida attorney with proficiency in construction law.

How do you get paid if you are a subcontractor and the general contractor didn't pay you for working on a house can you put a lien on the owners house and how long after finishing can you do that?

If the GC.is.a.Negro. you will.never.get money back. EVER THEY get away with everything. I.say regardless u will never get money back. Go beat the Shit.out of.him and order what your.owed under an account that is his.to.a.random.location .its been done.with great success. It's the only way u.will.get your.money back unless.u are black.and he is.white

Can you have a lien put on someones own home if they owe monies from another job site?

Mechanic's lien- no.

Mechanic's lien- no.

Mechanic's lien- no.

Mechanic's lien- no.

Can you put a lien on someone's house if they don't carry enough auto insurance to pay for injury caused by car accidents?

You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.

You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.

You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.

You need to sue the person and if you win the court will issue a judgment lien that can be recorded in the land records. Then, the property cannot be sold or mortgaged without paying off the lien.

Is a statutory lien an involuntary lien?

Yes. Statutory liens include tax liens, mechanic's liens, judgment liens, etc.

Who holds the title on a financed auto?

It depends on the state. In many states, the bank or financial business that gives the loan holds the title. Where I live, the owner holds title and the title shows a lien held by the financing institution.

What is the difference between a title theory state and a lien theory state?

In a title theory state, the grantor of the mortgage actually takes title to your house, whereas in a lien theory state, the grantor just retains a lien. The real world effect is that in a title theory state, you can be evicted much faster, because you technically do not own the home. Additionally, you are more likely to be held liable for economic waste (e.g. bulldozing an apartment complex to build a single-family residence), because the bank actually owns what you just bulldozed. As the law has progressed, title theory states have become less common.

Who owns the property if there is a lien attached to it?

It can depend but in most cases just because there is a lien on property doesn't mean that the person holding the lien owns the property at least prior to default and foreclosure. There are exceptions, however, and that's where the "lien" is really a transfer of ownership -- there are some states where a mortgage is really a transfer of the property subject to later being transferred back, but you'd need to check in your state whether that's the case.

Answer

The owner of the fee in real estate owns the property subject to the lien until the lien holder takes the necessary steps to foreclose on the lien or size the property pursuant to a judgment.

Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?

Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay.

The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner.

This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.

What happens to HOA lien in foreclosure?

Your answer depends on the priority of the lien among the debts owed against the title.

Clean title cannot pass to a new owner until the lien is satisfied in some way.

In some states HOA liens are given a special status, much like property tax liens, regardless of their recording order/priority. See related link.

How do you find out if a lien is satisfied?

call your bank they will tell you and have them send you a release

Does the equity in a house add up from yourself and the previous owner and can you get it after you sell the house?

Your equity in your house is the difference between what the house is worth, the fair market value, and how much you owe on it.

What do you have to do if the owner of property dies and you are the lien holder?

You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.

The purpose of a UCC is to?

relay information to and from unit personnel and provide subject matter expertise to the EOC or IC.

How did my ex-wife refinance I have a fixed lien on the property?

In many jurisdictions, a "lien" is merely a reference to a potential claim to some portion of value represented in the property. Until the lien is foreclosed, there is no possessory interest, but at foreclosure by the lien-holder, the property can be liquidated and the value of the lien withdrawn from the proceeds.

You can certainly buy, sell, pledge, mortgage, gift, or otherwise transfer property with one or more liens (recorded or not), as long as the recipient is willing to accept the risk that the lien's value may be forfeited some day.

Clarification: Perhaps you could describe your lien more fully but I am assuming you believe you have a prior lien on the property. Where is notice of this lien located? If there is notice of your lien then the lender has missed it and their mortgage is subject to your lien. If they need to foreclose down the road they would need to pay you off. Could you be more specific? For instance, in Massachusetts there may be "constructive mortgages" that arise in divorce cases where one party is ordered to pay something to the other party at some future time or if some action occurs. The H may be ordered to convey his interest to W but she is obligated to pay him a certain sum if the property is sold or refinanced. That would constitute a constructive mortgage and would be senior to any subsequent mortgage. Some title companies don't check divorce records for such encumbrances. We must in Masachusetts because that court can affect title to real estate.

Can someone file a lien on your property without anything in writing or proof?

Yes, but the lien may not be valid. In most states there can be criminal and civil penalties for filing a bogus lien.

You may be referring to a mechanic's lien which is the only type of lien a person can file on their own. In most states a mechanic's lien is of a short duration and must be perfected within a statutory time period by a judgment lien. You need to check your state laws regarding mechanic's liens for more details.

If someone else's name is on the deed knowone along with yours can creditors force the sale of the home or attach a lien to the home?

That depends on how the property is titled. For instance judgments for federal and/or state tax can result in liens against almost any property. Forced sale of property depends on how the property is titled and the state statutes where the property is located that pertain to homestead exemption(s).

I want to find metropolitan property realizations limited at freshwater house 458-162 shaftesbury avenue London wc2h8hr?

Metropolitan Property Realizations Ltd is a company under the Freshwater umbrella and does in fact exist at the registered office address - therefore letters, documents, etc. can be sent there.

What does it mean when a contractor threatens to put a lien on your home?

It means that the contractor contributed work and materials that added to the value of your home. You owe that value to the contractor. The lien is a type of security interest that must be paid before you can mortgage or sell your property.

You should check the rules for mechanic's liens in your particular jurisdictions. In some states they have a short life and must be re-recorded with a judgment lien issued by a court. In some states courts are not involved and the liens have a longer life.

You should make arrangements to pay the amount owed in order to keep your title clear. Otherwise the matter may need to be settled by a lawsuit.

Does anyone have a copy of a Motion to Remove an Invalid Mechanic's Lien?

Forms that pertain to civil action of any sort can be obtained from the office of the clerk or court administrator in the county where the lien was filed or contact the clerk of the land recorder's office for specific information. In most states it is not necessary for a lawsuit to be undertaken and a judgment granted for a Mechanic's Lien to be filed against real property. However "quashing" (lifting of the lien) will need to be done through the state's prescribed court procedure.

If property is conveyed to another party does that party now own the property?

Yes. And if it was subject to liens that weren't paid off when the property was transferred then the property is still subject to those liens and those creditors can still go after it.

How can someone file for a Supersedeas Bond when the judgment in the case was final?

The purpose of the bond is to maintain the status quo at the time of finial judgment. If a debtor can prove that the prevailing party will not be prejudiced by waiting to collect their judgment, then execution on that judgment can be stayed during the appeal. Although the judgment is final, the appellate court could find some error in the district court's actions and reverse that judgment. The bond allows the debtor to avoid the hardship of having their property liened and wages garnished if they can prove they will pay if the appellate court upholds the judgment.

What is repleven?

The writ of replevin is a court order to return property that doesn't belong to you, and where the rightful owner does not have the right to repossess them.

Trending Questions
What is a springing lien? What happens if a condo association places a lien on your property for a fine that you believe is unfair and do not wish to pay? Can a trust with a taxpayer ID be levied by a judgment creditor? What happens when a house is sold and the child support Arrearage is not cleared? Can a lien be placed on a home deeded with lifetime rights? Can a credit card company put a lien on jointly owned property when only one person is the named debtor in Florida? Should you pay third-party collection agencies for your charged-off credit cards? If you buy a car at auction for a winning bid and the title shows a existing lien after receipt who is responsible for clearing the lien? When is a lien a good thing for a homeowner? How can you obtain clear title for property from a tax sale? Can the bank repo a car that has a mechanics lien on it without paying mechanic? What is Unscheduled Personal Property? How long is a judgment lien valid against a home in New York? How do you remove liens on property that was transferred for no consideration before the judgment was executed when the debts were included in bankruptcy? Can my lien holder repossess my vehicle if i don t owe them money and no contract was violated? Can you be bonded if you file chapter 7 bankruptcy? IS THERE A LEIN ON THE TITLE? Can you add a person to a car title if there is a lien? If a person inherits a car that has a lien against it for an auto loan is that person responible for repaying the outstanding amount or can the lien holder only go after the deceased's estate? What is a statutory lien?