Liens

The defendant debtor can negotiate with the plaintiff creditor up until the time the judge awards a judgment for the debt owed, and sometimes after a judgment has been handed down. Often the presiding judge will request the two parties meet with an indpendent mediator to attempt to settle the issue without it being necessary for the court to make a decision. A judgment is issued after the case has been heard. If the debtor has already received a notice of final judgment that would indicate that the plaintiff creditor has won the case and can execute the judgment in the time and in the way the laws of the state allows. It is in the best interest of the judgment debtor to try and reach a settlement with the judgment creditor. Some creditors will negotiate for a lesser amount even after a judgment award just to have the matter finished, but many will not if they believe they can collect a larger amount by letting the judgment stand. Judgments can be valid 5 to 20 years and many are renewable, they will continue to accrue interest until they are paid or settled and the debtor can end up owing considerably more then the original debt.

When you purchase a home by borrowing money the lender has you sign a Note which explains the terms under which you are borrowing the money i.e. amount borrowed, interest rate, first payment date, all due and payable date, etc. The Note is your I promise to pay agreement with the lender. That Note is then secured by recording a Deed of Trust against the property - this creates a lien securing the lenders interest in your property. The language of the Deed of Trust is legal boilerplate language stating how much the lenders lien is, telling you to keep the property insured, maintained, your payments made and how they will foreclose if you don't. This is recordered at the County Recorders office. Now let's say that you want to sell your house and the buyer doesn't have the ability to obtain conventional financing - so they ask you to carry the Note and you agree. An All-inclusive Note would have to be signed by your buyer wherein it states the how much they owe you, the terms of your agreement with them as far as interest and payments. This Note also has to state the terms of the loan you already have on the property - because you are not paying it off - you are "wrapping" this new agreement around it. So there payment to you will then make your payment on your loan and any difference would be yours to keep. The property is deeded to your buyer - therefore your interest in the property and your Note is secured by an All-inclusive Deed of Trust which is recorded at the County Recorders office. This All-inclusive Deed of Trust secures your interest and gives you the ability to foreclose and take back the property should the buyer not make their payments.

Contact the vender and if the lien has been paid make certain a proper release is recorded in the land records.

Yes to answer your question...Legit enough to Sue, Serve, and get me into court in McHenry County, IL. You have 2 options after you get served, show up at court and fight them until they negotiate, or don't show up or let them get a Default Judgement on you. In my experience, they will get you into court several times with a substitute attorney who has no power to negotiate, and or the information enough to do so in hopes that you get sick of going to court and just accept your debt in front of the judge.

I told them because my debt was near $2500.00 "that I can just as easily file for bankruptcy for $800 instead of paying the original debt" to the junk debt dealer in the first place. They buy these debts for around $.10-$.40 each and need to be fought against tooth and nail. I told them also that I would pay them the $800 for them to accept and settle out of court and dismiss the case with the agreement in front of the judge that they would clear my name with the 3 credit reporting agencies..

Hope this helps

No. Not unless you are a contractor and file the suit within the statutory time period required.

Generally, you would have no personal authority to encumber someone's property. You would need to prove your case in court in order to obtain a judgment in your favor.

Yes. If the borrower is employed the lender can file a lawsuit and be awarded a judgment which can be executed as a wage garnishment. Even if the borrower does not have seizable income, assets or property at the time the judgment is awarded the lender can hold the judgment. Judgments can be from 5-20 years duration and most are renewable. That means it is highly likely that at some future time the debtor will be employed or have assets or property that can be attached.

4

Yes! When a lien from a credit card or any unsecured debt shows up on a property title search, its a second to the primary lien. Any mortgage or taxes would be paid first. So if you were buying or selling a house with that type of lien, you can contact the company who placed the lien and offer them an amount to settle their claim. Its usually far less than whats owed because they could get nothing in many cases. Many settle for 10% to 20%.

= Mork & Mindy =

Yes, you must file a lien within 90 days of the date that work was last performed on a project. Waiting on a certificate of occupancy will assure that you are NOT paid from closing funds from the buyer. File it within your legal time frame.

It depends on your state:

If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage.

If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.

As long as you continue to hide the car and/or refuse to make the payments. You need to send them a certified telling them to stop calling then they must stop.If they refuse you have rights under the Fair Credit Act its online look it up.

Read your governing documents where you can find the process described.

It's a good idea to use the association's condominium-savvy attorney to construct and file the lien.

IS THERE A LIEN ON THIS TITLE?

Filing the Free Application for Federal Student Aid (FAFSA) itself does not cost anything; it is free to submit. However, some states or institutions may have additional application fees for state aid or specific programs. It's important to complete the FAFSA on time to ensure eligibility for various forms of financial aid, including grants, loans, and work-study opportunities. Always check with your school or state's financial aid office for specific requirements.

stalk them

Yes.

North Carolina does not allow wage garnishment for creditor debt. Liens against real property are possible if the creditor wins a lawsuit judgment and chooses to execute it as a lien against real property owned by the debtor. N.C. also allows a judgment creditor to levy bank accounts even if they are jointly held.

The individual wishing to obtain a writ of judgment must follow due process of law as required by the state in which the judgment is to be filed. Generally that would mean the person owed the debt (plaintiff) would file a civil suit in the appropriate state court against the debtor (defendant). If the issue is one of a Mechanic's Lien against real property owned by the debtor, the person to whom money is owed can contact the county recorder/assessor's office in the county where the property is located for information on how to file a claim.

The elements of an open account are: (1) transactions between parties (2) creating a creditor-debtor relationship through the regular course of dealing (3) with the account still being open. and (4) with the expectation of further dealing

An auto lien means that another person has a claim to the auto too. It is not owned outright.

Auto liens are usually entered into when an auto purchase is financed through a bank or other creditor. These are mutual agreements made during the sale and the lien is entered in the county recorder's office for the record. If you wanted to sell the auto before fulfilling your loan agreement and having the lien discharged, then the 1st lien holder (usually the bank) has specific rights to any proceeds from the sale before anyone else, including yourself.

Yes, as long as it is sold at a fair market value. If it is sold for a fraction of value, the estate may be able to pull it back into the estate as a gift.

I am an Ohio lawyer, so my answer is from the perspective of Ohio laws, however, many states have laws similar to Ohio's laws.

Generally speaking, mechanic's liens are in existence prior to the date that they are filed. In Ohio, the filing of the lien is essentially claiming the existing lien and the service of the lien on the owner after the filing is merely the perfection of the claimed lien.

The actual priority of the mechanic's lien in Ohio has 3 different possible times of priority. Ohio, as do many states, has a requirement that the project owner file a document, here called a Notice of Commencement, prior to the beginning of any work on the project. Some project owners don't file them at all and others file them late. the NOC has several functions, one of which is the setting of priority of Mechanic's Liens. If no NOC is filed, the priority of the Mechanic's Lien dates to the first visible work on the project. There is a recent Court of Appeals case here that used the delivery of rental, high lift equipment as the first visible work. That equipment was delivered prior to the date that the property was sold to the person doing the improvement, meaning that the first visible work was prior to the date of the filing of the purchase money mortgage. ALL mechanic's liens came before the mortgage because it is not the date of YOUR first visible work, but THE first visible work (there would have been a different result if the mortgage was a construction loan rather than a purchase money loan). The third possibility is that the NOC is filed late. All work performed prior to the filing of the NOC will have a priority date of the first visible work. All work after the filing of the NOC. Those lien claimants that have performed labor and/or supplied materials both before and after the date of the filing of the NOC will only have to file and serve one lien to preserve their lien rights, but the lien will have 2 different dates of priority.

Most other liens tend to have the date of priority of the date and time of the actual filing. (Ohio revised its priority law for mechanic's liens v. mortgages in April, 2007 to provide if the Mechanic's Lien and Mortgage were filed on the same day, the Mortgage will be deemed to have been filed first, unless the documents themselves provide the contrary). Similar to the mechanic's lien, UCC-1s can be filed up to 10 days after the date of the transaction giving rise to the security interest, and still have the perfection of the lien relate back to the original transaction, despite any other intervening liens.

There is also the issue of the expiration or renewal of a lien. The multitude of liens have very different lengths of time that they will either last or last, subject to renewal. In Ohio, mechanic's liens last for 6 years from the date that they were filed. They will expire. Other liens can be renewed and, if renewed prior to the expiration of the underlying lien. To move up in priority, sometimes junior lien holders just wait for another lien which may have a higher priority to expire.

I have attached links to some articles that I wrote which were published in The Builders Exchange Magazine on mechanic's liens and other construction law issues. If you have a question on lien priority in another state, please feel free to contact me at the email address in my profile. I will be happy to use my network of construction attorneys across the country to try to find a lawyer who knows the laws in your state to help you. Of course, there will be no charge to do that.

Sure. But if there is a lien against the property, it would be sold to generate the money to pay off the lien, even in bankruptcy. The lien secures or ties the debt to the property. If the amount generated doesn't pay off the debt, that amount becomes an unsecured claim in the bankruptcy and any other asset sold can be used to pay it off. Then if there is nothing else that can be used to pay your debts, and you still owe, the court may reduce or eliminate the rest.

Your local (state) laws will determine the criteria and forms, and whether you need to notify the customer before the lien is filed.