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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
DO LIENS ON PROPERTY EXPIRE IN NEW MEXICO?
Yes, liens on property in New Mexico can expire. Generally, a judgment lien lasts for a period of 14 years, after which it may need to be renewed. Other types of liens, such as mechanics liens, also have specific timeframes for enforcement, typically requiring action within a certain number of months after the work is completed or the materials are provided. It's important for property owners to be aware of these timelines to manage their obligations effectively.
What does writ of revival eo die writ issued mean in a civil court case?
eo die = this day
this day, the writ was reinstated
When a creditor wins a judgment in court against a debtor, the court will issue a judgment lien that can be recorded in the land records against the debtor's real property. Once the lien is recorded the property cannot be refinanced or sold until the lien is paid. In the case of multiple liens, they get paid off in the order by which they were recorded. That is important when there is limited equity in the property. The senior lien gets paid first. Junior lienors are often out of luck. Therefore it is important to record a lien as soon as it is issued by the court.
There are other types of liens such as tax liens, mortgages, liens for municipal services and installation of equipment and betterment liens by towns for installation of betterments such as sewer lines, roads and sidewalks.
Does Virginia recognize owelty liens?
Probably not. But, you don't really need one most likely as a Warranty Deed or even a Special Warranty Deed with a Vendor's Lien will accomplish the same purpose. If you are getting divorced and trying to pay the ex spouse their equity, check with the title agent. Then, your mortgage broker needs to understand the transaction and coordinate with the title agent so that the vendor's lien will be paid (rolled in) properly.
In most cases YES. You should talk to an attorney in your area for state specific advice.
Yes, if the lender obtains a judgment for the deficiency.
Can hoa foreclose on your home for late payment fees?
Short answer is yes - any lien can eventually force the sale of property but it varies by state law, & usuall takes 6-9 months before an actual foreclsure is done.
Another Answer
Yes, if by 'late payment fees' you mean the extra, penalty amounts added to your assessments which you have not paid, even though you've paid your assessments.
Foreclosure in the case of non-payment of assessments is the final and most drastic step that the HOA can take to collect the money you owe. You can read about the HOA's responsibility to collect these monies in your governing documents. You can also read about the penalties that accrue on the past-due amounts.
Your question sounds like you've been struggling against paying the money you owe for a time, and it's simply the excess, penalty amounts that are in dispute. If you want to protect your investment and keep your home, you are well advised to pay the late payment fees, and continue to pay your assessments on time.
Can a judgment be renewed after it expires in California?
No. A judgment must be renewed within 10 years under California Code of Civil Procedure, section 337.5 or it becomes unenforceable. However, if a defendant failed to timely raise this statute of limitations in defense, it could be waived.
Can someone place a lien on your property if you already have a lien against it?
There is no limit to the number of liens that can be recorded against the title of any property.
Generally, any creditor can sue you in court and obtain a judgment lien against you if they are successful. The lien must be recorded in the land records. When creditors force the sale of the property, lien holders are paid according to the priority by which their liens were recorded in the land records. Other formulas may be used in the case of bankruptcy.
A mechanic's lien is a security interest evidenced by a recorded lien on the title to property for the benefit of those who have supplied labor or materials that improve the property. The laws for this type of lien vary in different jurisdictions and must be carefully followed.
The lienholders normally get paid in the order of when their lien attached to the property--"first in time, first in right". However, this can change if a government entity liens the property, such as for past taxes. In that case, the government lien may supersede the other liens. Also keep in mind that if the property is foreclosed due to the liens, the sales proceeds may be insufficient to pay off all liens. Those that are not paid will still have their judgments which can, theoretically, be satisfied through other mechanisms of collection allowed by governing law.
The usual method for recovering property left in a residence that the present tenant or landlord refuses to release is through small claims court. The owner of the personal property must file a claim in court and win a judgment. The court would issue an order for the recovery of the property or money damages, not a lien.
In most cases in is illegal for someone to hold personal property unless the holder has a court order allowing the action or a judgment for debt owed.
What do you do when a lien holder refuses payment and you now live in another state?
What do you do if you over payed on a law suit
Can a judgment lien be constructive or voluntary or general or specified. What?
A judgment lien is an involuntary lien.
The Chapter 13 limits are $336,900 for unsecured debts and $1,010,650 for secured debts. Basically close to 1.5 mill.....a lot to leave others hanging on for.
So, if your above the means testing allowing for C7 where you get all debts extinguished, it means you should have enough to start paying the debts you've incurred, at least down low enough you can then file for C13, and after a few more years of making good, have the rest discharged and get away for free with them. So what you mean is you make a lot of money, enough it would seem to pay on your bills and for those things you promised others you would pay on first, even if it intrudes on your lifestyle to do so, but you want to spend more than that...well, get a financial planner...and control. Simply if you have incurred so much debt for the things you've wanted and enjoyed that paying on it now will detract from your current and future lifestyle, and you would rather everyone else does without so you can have more...well...that doesn't make for a very sympathetic position.
What happens after a lien is placed on a property and waiting to get paid?
Each state is different, but a lien filed is only good for a certain amount of time in most cases. The person who filed has to either extend the lien on, i.e., a 6-month basis, or will have to sue to "perfect" the lien, which will then become a judgment against the person. A lien is only filed on a property.
Does a junior lien affect credit?
Yes. Any lien affects credit.
Yes. Any lien affects credit.
Yes. Any lien affects credit.
Yes. Any lien affects credit.
How do you remove a property lien in Massachusetts?
You must pay the lien and obtain a release from the creditor. Then the release must be recorded in the land records.
Can a trust with a taxpayer ID be levied by a judgment creditor?
Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.
Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.
Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.
Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.
How soon can a repossessed car be sold by lien holder in New York?
A "Repossessed" car is one, I would consider, to belong to the legal "LIEN HOLDER" typically a financial institution. Legally speaking they are the rightful OWNER of the vehicle until the day it is paid off, or LIEN is SATISFIED- so after successful repossession occurs, I can imagine the goal is to sell the vehicle ASAP to recoup financial interest. However, a title must be requested from the NYS DMV which is currently 4-6 weeks from delivery. Vehicle could not be sold without a proper transfer of "ownership".
Garageman's or Mechanic's Liens takes a minimum of 30 days to notify the owner via certified with a return receipt and 2 publication ads to be run. Proof of contract (contesting the contract has been broken) must be provided and all proof of actions be supported. Entire process takes 6-8 weeks MINIMUM.
Sheriff or Marshal's may sell cars 30days after car has been Towed/ Impounded, they produce their own ownership documents (Marshal's Papers).
Does a lien from condo assoc go away once fee's are paid?
In order for the lien to be removed from your title, the association must file a release of the lien, and would do so once your assessments are paid, together with any fees and expenses related to their collection efforts.
Who cares? Let the lender repo it, then sue 'em. File charges for stealing the car. Really, why would a lender even think they can repo a car that they have NO security interest in? especially if they never loaned any money on the car?
Is there a lien on your tax return?
I currently owe property taxes from 2010. County and School taxes are being to them on a monthly basis. As far as I know no tax lien has been placed on the property. Would it be wise thing to enter into agreement with another party and they pay all back taxes due, I would pay them a monthly payment, but they want me to sign a tax lien transfer over to them, How can a transfer be made when no tax lien exist? Should I just keep paying taxing agency on a monthly basis or enter into this other type of agreement where I sign tax lien transfer?
Yes, you can eventuraly live in the home you originally purchased to be used as a rental. The rule is: You can buy the home and derive income from it for as long as you like, even live in it for no more than 2 weeks per year. This is fine for vacation homes purchased for income. You can deduct all costs of the home and the expense of visitation (air travel, auto rental etc.) but you must show a profit (and pay some taxes) in any 2 of the 5 years of ownership for all your decuctions to be allowed by Uncle Sam. When you decide to move into it as your legal residence, you should show a change of ownership (from commercial to residential) so the IRS will know it will no longer be used s a commercial property. You also could transfer the title to a trust, naming yourself as the Trustee, and occupy the home; paying rent to break even. You'll get more details at: www.usefulpublishing.info and through your attorney. Good Luck!
"Abandoned property" must be taken by the town by a tax title process in order for the town to have the authority to sell it to a new owner. If you have a particular property in mind then you need to visit the local tax assessor's office to determine its status. Someone may be paying the taxes or you may find that the taxes have become delinguent. In that case you can ask if and when it will be offered for sale by the town.
See the related link for an overview on the factors that are reviewed by a title examiner when examining the title to real property.
Could some one please answer this Question????
Is it a criminal offense to strip and sell parts off a vehicle before letting it be repossessed?
Yes. The charge might be grand larceny depending upon the value of the vehicle, amount received for the parts and other extenuating circumstances.
