How do you remove a Notice of Lien recorded erroneously without a court judgment on your property?
If it is a Mechanic's Lien then no judgment is necessary for it to be implemented. If it is not, the person will need to file a petition with the court in which the judgment lien was filed to have it lifted. In most cases the injured party can ontact the office of the clerk of the court where the judgment was granted to obtain filing information and forms. The best option is to obtain legal advice before taking action. Most attorneys offer free or minimal fee consultations to discuss options. While I agree with the above, as the local recorders office, (town,county etc)is generally restricted to recording things that have met certain qualifcations to be recorded - or perfected - against a property, asking that office why it was allowed to be recorded would be a good first step. If it was intended to be recorded against another property and is a clerical error, they will probably just fix it. If the party had qualification to record it, even if you feel it isn't worthy, then you should seek help to clear it, which may well mean paying off whatever they have against you. If they actually had no just cause, and were just doing so to harrass or strongarm you, you may get an award for damages, and they may have other legal problems. Finally, just to clarify: Mechanics and Workmans liens attach to the property immeadiatly upon the work being done. Therefore they may be against a property when you do a title check, but not able to be seen. They do however need to be recorded within 30 days of the work, (generally, most areas) which can even be after a new owner has taken title. Again, generally to record or perfect them, you must present documents like certified mail receipts of demands for payment.
Your mom gave you a car as a gift is she legally allowed to sell it without your permission?
Legally, if the Title is in your name, Yes you can. Morally, eehhh.... You could ignite some unwanted feelings. This also depends on some details of the situation:
-- How long have you had it
-- What is it's worth
-- Why are you selling it ?
-- --> To buy a better car : Probably Ok.
-- --> Because you don't need it anymore : Probably should ask.
-- --> You just want the cash : Bad idea. You know your parents better than us, so use your judgement, make your choice, defend your choice accordingly. Again, if your name is on the Title, it belongs to you. -Javman01
What is the purpose of the IRS's filing of the Notice of Federal Tax Lien?
The IRS files the Notice of Federal Tax Lien (NFTL). The purpose of this is to establish the Government's right of priority against specific third parties.
An order to repossess. When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor
It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car
In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car
Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency
A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.
The financial institution owns that vehicle until they are paid in full for it. You can call them and tell them the situation and see if there is something you can do to make it right, but they may reposess it.
Can you file a lien on Indian Reservation property?
You cannot sue and Indian Tribe, therefore a lien has no value.
Who is a lien holder with a financed auto?
If the question is "who is a lien holder with a financed auto" then the answer is usually: the party who loaned the debtor the money, that is, the bank or lender. For example, if you financed a Hootieville ZX through Holeinwall Bank, then the good people at Holeinwall are the lien holders on your financed vehicle. They have the right, where allowed by law, to sell their interest in your contract to another lender or interested third party, much the way mortgage companies sell home loans like they were hot cakes on a cold winter morning. In short, the lien holder is the person who owns control of the loan (and actually the vehicle) until you pay it off or it gets repo'd and sold.
How does someone buy a property for the delinquent tax amount outside of a county auction sale?
For example: When looking at the daily property sales on Franklin county, Ohio auditor's website there are properties sold for much much less than their market value. The sale price is so low that I figure it has to be a result of the current owner's inability to pay the delinquent taxes. So does the new purchaser contact the current delinquent owner and offer to buy the house for the amount owed plus extra to make the offer more enticing? I feel like this is one of the big hurdles to becoming a more savvy investor.
Please help!!
best time to think of this is BEFORE the car is purchased and before they drive away. Get a lien on the car somehow. get a key made to it after you get the lien on it. Email me if its not to late and they have the car already.
Can someone claim you owe them money when there was no verbal agreement?
Someone can claim another person owes them money without a verbal agreement, but it would be very hard for them to prove it in a court or any other place. The person should learn from their unfortunate mistake and learn to write it down in front of witness' ( preferably someone that can notarize the paper), record the procedure with a camcorder or voice recorder, or even better- do not loan anyone money.
How can you reclaim a car that is not titled in your name but the lien is?
If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.
If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.
If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.
If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.
Can a home owners association file a lien against your personal name or just your property?
Read your governing documents to determine whether you are personally liable for what you owe the association, or not.
In any event, having a lien filed against the title for property you own will probably be noted on your credit reports, so you are implicated personally in that way when the lien is filed against the property.
Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.
Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.
Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.
Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.
Can you renew a mechanics lien after it expired?
In most states (if not all), the answer is no. You have only a limited period of time to bring a lawsuit to enforce the lien. After the time runs it's too late.
A maritime lien is on a ship or freight either possessory rising out of contracts of carriage or charging rising out of collision or other damage
All state bar associations and American Bar Association offer a free attorney referral service. American Bar Association, http://www.abanet.org
Can you file a lien on a minor?
Liens are filed on property (such as houses) not on people (such as minors). If a minor is the legal owner of property, that property can still have a lien placed upon it - however, in almost all cases, minors do not own property, their parents or guardians do.
Are you financially responsible after you deed over the property?
In addition to the information provided above you, as the former owner, may have responsibility for issues NOT disclosed about the property during your time of ownership such as buildings or structures on the property without having proper authority or permits, chemical contamination, structural defects, dangerous conditions, etc. Some states require disclosure statements and professional inspections.
Can a car be repossessed while it is impounded?
Robert, read the contract where it mentions DEFAULT. Default is not JUST making payments on time. It usually covers having the required ins., NOT using the car in an illegal manner. Whenever you are in default, the lender can repo. YES, it can be repoed from the impound. On an involuntary tow, the impound is required to notify the LEINHOLDER and the owner.
As a matter of fact I dearly love to impound cars - then find out there is repossession order out of them because then I ALWAYS get paid by the lienholder.
Is a lien by a creditor placed on the debtor or the debtor's attorney?
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
You need to sue the borrower in court. You need to satisfy the court that the funds were a loan and not a gift and that the funds were not paid back. The defendant will have the opportunity to answer the charges, usually by claiming first that the funds were a gift, and if the court determines there was a loan the defendant must provide proof that the loan was paid. Your copy of the cashier's check may provide compelling evidence that there was a loan in the first place. If you win, the court will issue a judgment lien that can be recorded in the land records. The property cannot be mortgaged or sold until the lien has been paid.
Can a debt collector lawyer put a lien on your house if you have young kids?
Yes and no. Unfortunately, ability to pay is not a condition of filing a lien. The lien would be in the form of a civil judgment subsequent to a civl lawsuit, not a labor and materials lien, so you would have to be sued first.
Who pays back taxes when a person dies?
The person's estate is responsible for payment of back taxes. If there are any assets, the debts must be paid before any assets can be distributed to the heirs. If there are no assets the creditors should be notified of the death and they are out of luck.
What do the proponents of the hydraulic theory for the origin of the state argue?
The proponents of the hydraulic theory for the origin of the state argue that no matter how often energy is conserved or reserved there is a finite amount located in the universe.