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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
How long lien stay on property in michigan?
It's permanent because there is a judgement. The only way around it is if you can bk it, get it discharged then there is a form to have the judgement/lien thrown out.
If you're considering Chapter 7, you probably shouldn't have bought a vehicle, which can be considered as asset and included int he bankruptcy. Last year, the government made it considerably harder to file Chapter 7. You should consult an attorney for legal advice on what to do.
check your state laws but if you are making payments and are not delinquent you are normally allowed to keep transportation vehicles for getting to work. however if it is paid for it will be considered an asset and IRS of your creditors can ask for it to be sold to satisfy your debt.
There are so many theories. You have to specify the theory that you would wish to be stated.
Can a hoa exist if some home owners are not in the hoa?
Usually, when you purchase a unit -- a home -- within the geography of a home owners association-based community, membership is not an option: it is a fact.
The HOA is a business. It's job is to preserve the real estate value of assets owned in common by all the owners who own individual units or homes. The HOA collects assessments to pay for the maintenance, protection, and preservation of these assets.
Sometimes, however, some lots within a planned community are sold off to individuals, and homes built on the land which are not part of the HOA. However, those owners use the roadways, the parks, the real estate assets -- or, they are denied use of them -- by written agreement.
Your board can answer your specific question.
What is the difference between an abstract of judgment and a judgment?
An abstract of judgment is a statement written as a summary of a judgment. It generally outlines any money owed by the plaintiff to the defendant or claimant in the case.
Can a general contractor put a lien on your house?
Yes. It is important to get original lien waivers each time you pay your contractor (do not give a check in exchange for a promise of a waiver). A waiver is a receipt of your payment and it is legal documentation that your contractor has paid the subcontractor or supplier. The waiver prevents the contractor and subcontractor from from liening your property for that amount of the payment on that subcontract. Partial lien waivers should detail the type of work done, the name and address of the subcontractor, the total amount of the subcontract, the amount paid to date, the amount of the current payment made, and the balance to be paid. At the end of the project, it is equally important to get final waivers of lien, as well.
Can you file a lien against someone that owes you money for a student loan?
No go to small claims court.
How do you file mechanics lien for unpaid auto repairs in Nevada?
MECHANICS LIENS FALL UNDER TEXAS PROPERTY CODE 70.001. YOU MUST NOTIFY THE REGISTERED OWNER, LIEN HOLDER (IF ANY) AND THE PERSON WHO BROUGHT THE VEHICLE IN FOR REPAIR, BY CERTIFIED MAIL RETURN RECIEPT. THIS NOTICE IS SENT AFTER THE 30 TH DAY THE REPIARS ARE COMPLETEDED. FORCLOSURER ON THE LIEN IS ON THE 31 ST DAY AFTER THE NOTICES ARE SENT.
ALSO NOTE THE VEHICLE MUST REMAIN AT YOUR PLACE OF BUSSINESS OR A STATE LIC. STORAGE FACILITY. YOU MAY NOT ACCEPT PARTIAL PAYMENTS.
The above is only a partial answer!On the 31st day of the sent notification the possessory lien holder must take any correspondence to the local Count Tax Assessor's Office and they notify the Registered and Lien Holder. After 31 days you can conduct a Lien Sale if you are a registered auto repair facility.It's much easier to have a Lien Service do the work because it can be quite time consuming.autolienservice.comCan an owner voluntarily let someone put a lien on a vehicle?
Yes, but why would anyone want to do this?
Can you place a lien on a car for money owed on a tow bill?
This depends on either the state or local laws. If local law applies, then it depends on either the law in place at the location the vehicle was towed from -or- the law in place where it was towed to.
These laws can widely vary. For instance, in Phoenix, Arizona USA, a towing company has the right to seek ownership of vehicles that are left in their lot unclaimed for more than 10 days after a 30-day impounding period ends.
Can a property preservation company put a lien on a bank owned property for non payment?
Yes you can definitely file a mechanic's lien on a house where you performed Property Preservation services and did not get paid. Just know that you most likely signed a document waiving your rights to file a lien when you first started with the client and many people will tell you that you can't because Property Preservation is not really construction. They are all incorrect as far as I'm concerned. Here's why.
Property Preservation is indeed being treated and classified within the jurisdiction of construction law. The only thing you need to worry about is following your state's strict timelines and procedures (this would be the state where the jobsite/ property is located... not where the client is located). It's quite easy to do. First print out a generic mechanic's lien form from the internet and then sign it in front of a notary person (most license bureau's and banks always have a notary working during the week). Then you need to take the document to the county recorder's office so it can actually be "filed" against the house. Very quick and painless process and it only costs $15-$30 and less than a half day.
You can find more info about Property Preservation laws at the Property Preservation Academy website. I hope it helps.
If the liens predate the lease then the property will likely be sold to satisfy the creditors.
If the liens predate the lease then the property will likely be sold to satisfy the creditors.
If the liens predate the lease then the property will likely be sold to satisfy the creditors.
If the liens predate the lease then the property will likely be sold to satisfy the creditors.
How long once a lien is paid does it take before you can refinance?
If the lien was visible on your credit report, it may take several years of perfect history before a lender will consider granting a loan. That means, every bill that is due must be paid on time and for the amount requested - every time, for several years. Miss just one, even by one minute, and you could be back at "square one" all over again.
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If someone owes me money can I get a lien on their home?
In most states, the lien is only intended to allow you to state your claim to improvements on the real property. If they owe you money for something else, you can't file a lien and if the improvments were completed more than a few weeks in the past you can't file a lien.
If it's just a simple dispute over what's owed, you may need to go to small claims court.
A Mechanic's Lien can be filed for a nominal fee at the recorder's office in the city or county where the property is located. This type of lien is for work done on the property only such as roofing, siding, remodeling interiors and so forth.
Liens for monies owed for personal loans, credit, etc. can only be obtained by due process of law, meaning the lender must file a lawsuit against the debtor in the appropriate state court.
The majority of small claims courts only allow monetary recovery, they do not allow the plaintiff to execute a judgment as a lien against real property.
Contact the office of the clerk or court administrator in the city or county where the debtor resides to obtain information on the legal procedure necessary.
AnswerYes.First the lender must sue the debtor in the appropriate state court (usually circuit).
There are filing and court fees associated with all lawsuits, although in some cases whichever party prevails in the lawsuit can recover such costs.
Can a lien be placed on property for non-payment of a judgment for 1250 dollars?
Yes, and many attorneys will do a property search before they even take a case (let alone win), so that liens can be prepared in advance of the judgment being entered and filed the same day. In fact, many jurisdictions offer the "lis pendens" lien when a case has just been started, and it can only be resolved by recording the settlement or other release.
Can a creditor put a lien on your mortgage over a 2000 dollar unpaid student loan?
Yes. If you owe a creditor money and you have an asset (such as a house), a creditor can put a lien against your asset for any amount, even $1.
What can you do if you do not owe any money and the lien holder still is on your car titles?
You need to get a release from the former lien holder and apply for a new title.
Lenders are required to provide releases when a loan is paid off under most state laws. If you are having trouble obtaining the release contact the consumer division in the office of your state attorney general.
Make yourself judgment proof Florida?
Once a creditor has a judgment against you they have several options available to them to "execute" that judgment. The two quickest and most widely used forms are the attachment or "levy" of checking accounts and wages.
If a judgment creditor (JC) locates a bank account with your name on it they can very easily attach it. It does not matter if the account is in just your name OR if it is a joint account in your name AND another persons name.
The only way to get a bullet proof checking account is to form an LLC (Limited Liability Company) with Florida State. I recommend setting up a mail drop at a place like the UPS Store or Mail Boxes Etc and use this newly acquired address to setup your LLC under.
Once you have done this and have your organization documents (usually within 24 hours) You will need to create a FEIN tax ID number. This is free and can be done at https://sa.www4.irs.gov/modiein/individual/index.jsp and will be given instantly.
Now that you have LLC organization papers and an FEIN you can open a commercial checking account at any bank with yourself as a "signor" on the account. This checking account will be quite safe from any JC.
Wage garnishment is widely used in FL by JC's. By Law, the most a JC can garnish is 25% of your paycheck however, IF you are "head of household" in the State of Florida, your wages are EXEMPT from garnishment which means a JC CANNOT garnish your wages. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken. Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.
Your vehicle - your interest in a vehicle is exempt up to $1,000 of its value. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000. If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is $1,000 or less, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff.
It is very rare for a JC to pursue personal property in Florida as it usually is more trouble than its worth. Now if you have a 30k vehicle owned free and clear it may be a different story. You could take a vehicle and sell it to your LLC and have it titled accordingly. This cost about $270 plus sales tax at the local tag office. If you used a new address and maybe a variation of your name to setup your LLC it is unlikely anyone would ever catch it. There is however a possibility of "fraudulent conveyance" or "fraudulent transfer" which means you with intent, sold or transfered ownership of real property with the intent to hide assets from a JC. This includes transferring the title to your spouse or to a family member and such transfers can be challenged in court if the JC wants you bad enough.
Most Creditors (with the exception of Capital One) will not sue you unless they think they will get their money back. Many will do an asset search beforehand to see what you have. If you show little or no assets then chances are (unless the creditor is Cap One) they will not throw good money after bad.
Problem with judgments are, they are good for a LONG time. 10 years and THEN they can be RENEWED for another 10 years. Judgments tend to come back and bite you when you LEAST expect it so plan for the long haul if you are going to have a judgment granted against you. See if you can get your employer to pay your newly formed LLC instead of paying you directly. there are benefits to both parties should they entertain the aspect.
Can a lien be placed on a home deeded with lifetime rights?
Yes, they can place a lien. The property still has value and the life estate doesn't effect that.
How do you confirm ownership of a property and determine if there are any liens or encumbrances?
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
Generally, yes, as long as sufficient records are kept to determine which, if any, benefits were distributed improperly. For example, painting and landscaping the property would be a serious waste of the estate money if the property is going to be immediately deeded to an heir (who should reimburse the estate for the expense). However, if paint and landscaping are reasonably necessary to liquidate the house FOR the estate, then those improvements may be part of the reasonable cost of sale of the house to the joint benefit of all beneficiaries of the residue.
