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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 does a sub contractor in Nevada get paid by general contractor?

If the general contractor refuses to pay, you must sue the contractor for payment. You may also sue his bonding company, if he has one. If your dispute exceeds small claims, see a real estate attorney right away.

Can creditors force a lien on property your wife owns if you are criminally charged?

No. Not unless they can prove the debts were incurred for her benefit.

How do you place a lien on a tractor and trailer before the company files bankruptcy?

If the debtor has not been responsive to your collection efforts...you would need a court judgment authorizing this, or many collection actions, like garnishment, etc., and your correct that it must be done before BK, when all collection actions must stop.

Probably a good idea to make sure the property you want to attach doesn't have other liens on it whic wold be before yours and possibly have a right to all the value anyway.

How do you remove a charging lien that has been on the property for 6 years?

A charging lien is the right to charge property in anothers possession with the payment of a debt or the carrying out of a duty the only way to remove it is to satisy the debt

Can condo owner sue the HOA for over increase association fee?

Of course, anyone can sue anyone else for almost any reason.

In this case, however, when you sue an HOA in which you own property, you're suing yourself.

If you are unhappy with your assessments, there are different and potentially more effective ways to make your discomfort known, and otherwise work to minimize annual increases in your assessments.

  • Read your governing documents to understand how to vote against your annual budget.
  • Become involved in the finance committee so that you can review invoices and most fully understand the expenses required to operate your association.
  • Volunteer to help find appropriate vendors who charge less, or do more for the same fee.
  • Run for office and work with other owners on your board with a goal to holding assessments level, year-over-year.
  • Volunteer to demonstrate your pride of ownership by taking on tasks currently being completed by vendors -- where your governing documents allow owners those options

What are the sources of guilt for a narcissist?

Conscience. One must know the difference between right and wrong and recognize that one has done wrong that has caused harm. Guilt is the emotional response to that recognition.

How long will a lien last on a condominium in Florida?

Generally, liens for non-payment of assessments remain on the title to the property indefinitely and can be reflected in the owner's credit report.

A lien placed on the title by a contractor may have different parameters that one placed on the title by the condominium association.

Your best answer will be given to you by an association-savvy attorney after you present a copy of the lien for an explanation.

In Texas can a credit company put a lien on your parents house after a car that your dad co-signed for was repoed even though all that is owed now is 10k and the house is worth a lot more than that?

Yes, if the creditor files suit and wins a judgment the judgment can be executed as a lien against real property belonging to the debtor(s). In most cases, the state's homestead exemption will protect a primary residence from being sold. Texas law does not allow forced sale of a primary residence, but the lien will remain in place accruing interest until it is paid, in which case the property cannot be refinanced, sold nor the title transferred. Judgments are very damaging to one's credit and because they do accrue interest the amount owed can become quite substantial. Most judgments are renewable, which means they will be removed from the CR after the 7 years expiration date, but they will remain valid and enforceable until paid.

You paid a multiple mortgage payments for a friend directly from you to the lender can you lien the property?

For evidence you would need a written, signed agreement (or promissory note) stating that your friend would reimburse you for any mortgage payments you made on their behalf and the agreement would need to recite a date the reimbursement was to be due. You would need to sue your friend for non-performance and obtain a judgment lien. You could record the lien in the land records and it would become a junior lien to the mortgage. If you had no written agreement you could still try to sue but the court may consider you to be a volunteer and would not issue a judgment in your favor.

What is notice to owner?

This notice alerts a homeowner in Florida that someone has or will provide improvements to their property, either by furnishing services or materials.

It puts the owner on legal notice that they now have a responsibility to make certain that that person gets paid, if not, that person may place a lien upon the property.

It is an important document and establishes the lien rights of those that work on your house, you should pay careful attention to it and make certain that those that send you this notice get paid.

If you live in the state of Georgia and you voluntarily gave your car back can they start proceedings and put a lien on your home?

Unless the State of Georgia's laws specifically allow for conversion, no. A car loan cannot turn into a home loan unless you make it that way. The only thing a finance company can do (unless otherwise stated in the contract you signed) is take you to court and get a judgment placed against you. Also, just because you voluntarily turned in the vehicle doesn't mean you don't owe them any more money. You are still liable for the balance after they auction the vehicle.

Is there a waiting period after someone dies before you can get what was willed to you?

Yes. The Will goes into Probate. Probate makes sure that all personal/property taxes and all debts are paid for in full. What is left after that is "residue of the Estate" and that is divided up amongst the Heirs. This can take from 8 months to a year or a little more. Marcy * The average time for probate of an average estate is 18 months. there is no time frame for large estates where the deceased had multiple holdings and/or assets and/or debts and/or beneficiaries.

Is there a state tax lien on real property after the owner dies and if so how is it released?

The state sells the house/property in a auction if the taxes are not paid eventually. All taxes have to be paid. The details vary from state to state but upon the sale of the property, the taxes must be paid by someone.

Added: The tax lien becomes a lien against the deceased's estate and when the estate is probated the executor must satisfy the government's lien from the proceeds of the estate (if any).

It IS conceivable that the property may have to be sold in order to get the funds to pay the back taxes.

How can I find dead daughter where has she been reincarnated?

I understand your grief my friend at losing a daughter, and I promise you that if you are found worthy at the last day, when all will be judged, you will have to opportunity to see her again. As for reincarnation this is what is know as false teachings. No one is ever reincarnated to get a second chance so to speak. This is the only life we will ever have upon this earth. There have been times during this earth life when those who have died have been given permission to come and visit loved ones, but only to reassure them that all is well with them and not to worry. Prayer I find is a great comfort to finding out how our loved ones are on the other side of the veil. Be grateful that she had time upon this earth to enjoy life in the company of her family, and that she is not dead to you but is in the presence of the Lord. Another perspective: There's no way to tell who your daughter has reincarnated to. Life doesn't work that way. I'm sorry for your loss. You just continue to move on with your life. Your life hasn't ended and by God's will, He wanted you to keep living. If you're a believer of reincarnation, maybe your daughter did something very tragic in her past life and had to pay for her sins in this life. If you look at it this way, this was destiny. And another: Reincarnation does not work like Hollywood movies. The reincarnate do not have the old them under a thin veneer of the new them, to be brought out by hypnotism or "regression therapy". The transfer of life and memories from one reincarnation to the next does not happen. If you were to conclusively find the daughter you lost in a new body among the several thousand babies born all over the world every day she would not know you. The desire to do so puts you at some peril of becoming prey to charlatans who will use "mystic powers" to find her while liberating money from you.

What the difference between lieu and lien?

lieu means "place" as in "in lieu of" means "in place of" where lien means "hold". A person or company may put a lien on your property for monies owed them. They now have a stake on your assets.

Can you place a lien on a contractor's house who cashed your 8000 check and never did the remodel?

Probably not, but you can go after his bond. Find out what company has underwritten his performance bond and see what it will take to get payment from that route. If he doesn't have a bond you might try state division of business regulation or whatever it's called where you live. If he doesn't have a bond AND isn't licensed, you might just be out. At least you can take him to court for fraud AND sue for damages. Fraud is criminal court, damages will be civil court.

How do you get a lien removed if you withheld final payment to your builder because during every rainstorm your living room ceiling and light fixtures leaked and the builder put a lien on your house?

Bad thing is, you just can't get the lien removed. Good thing is, there is some sort of construction defect. Now, most General Liability policies to do cover construction defect, but, you should get his insurance information (which you might have to file a lawsuit) and file a claim on his insurance. Hopefully, he has something in place to cover the construction defect, or he is forced to repair it. I would be questioning the fact of who inspected the home. That is another avenue. If they inspected the home and passed it and it is leading like that, then there is the option of professional liability claim on the inspector.

Deeding property before it is paid?

Could be a "deed in trust", meaning the deed is granted with a provision reverting its ownership to the seller if the corresponding note is not paid according to its terms.

What is a replacement title from dmv?

If the car's owner lost the title to the car a replacement title or duplicate title can be applied for thru the state dmv.

What is the difference between lien and mortgage?

A lien is a right or interest in real property that a creditor has until a debt or some other interest in real property is satisfied. When the debt is paid the lien is released. There are many types such as real estate tax liens, federal and state income tax liens, inheritance tax liens, mechanic's liens, agricultural and forest land tax liens, municipal liens, judgment liens, etc.

A mortgage is a type of lien. Generally, a mortgage accompanies a note for funds loaned by a bank for the purchase or improvements of real property. The mortgage document allows the lender to take possession of the property in the case of a default.

Generally, there are two different categories of mortgages in the US. A mortgage in a lien theory state does constitute a simple lien against the property. When it's paid off the lender will release its lien.

A mortgage in a title theory state is an actual conveyance of the property to the lender. However, the transfer is conditional. If the mortgage is paid the lender must return all its right, title and interest to the mortgagor by recording a discharge.