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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
Can jointly owned property be willed to spouse with stipulations?
Property held in a joint tenancy automatically passes to the surviving owner. You cannot attach stipulations to it.
What liens can you file if you performed services but the client refuses to pay?
Depends on the nature of the services. But small claims court is the normal way to recover unpaid balances if payment plans and other negoitations have failed.
Well, as stated above it does depend on the services rendered. However, you may be able to get a mechanic's lien. It will depend on the jurisdiction, but filing for such a lien is usually quite easy. I would suggest contacting an attorney, or doing some research on your local statutes. Usually you can fill out a form and submit it and that will get the ball rolling.
I am an attorney in Cleveland, Ohio. The foregoing portion of this answer is correct, the type of and possible availability of any type of lien in your state will depend on the type of service rendered.
Each State has its own statutory lien scheme. Some have confusing sounding names such as, in Ohio we have "mechanic's liens." Mechanic's Liens are for people and companies (contractors, subcontractors, laborers, ect.) that have worked on the improvement of real property, mechanic's liens are not available if you are the mechanic that fixed someone's car, that is an "artisans lien."
Some people will have no lien rights because their legislature did not give them that right. Others who could have lien rights lose them becasue they did not protect them. As an example, in a number of states, including Ohio, to have mechanic's lien rights, subcontractors and suppliers will usually have to serve a notice of furnishing soon after they started work on the project to give them the right to later file their lien, and then there is a limited period of time to file the lien. Aritsans liens and molders liens are possessory liens. As long as you have possession of the car or the mold, you have a lien on it, but if you return the item to the owner, your lien is lost.
I recommend that you check with an attorney in your state. You may be able to get free legal advice by calling your local bar association and asking for their referral service. many bar associations require that the lawyers on the referral list provide some free initial consultation time. Be sure that you ask the referral service before you meet with the attorney to be sure that it is true in your case.
Russell O'Rourke www.ohiolienlaw.com
================================ In the earliest stages of the "law merchant," a person who received property ("personal" property, that is, movable tangible property) in order to perform a service on it enjoys a lien on the benefitted property until the contract party pays the agreed price or reasonable value of the services. For example, if you brought your wagon to a smith for repairs, the smith was granted a "mechanic's lien" on the wagon. Nothing needs to be filed, because the property is in the possession of the smith, and possession removes any need to "file" a lien. In the United States, this concept was extended to real property: those who furnish labor or supply materials for a permanent improvement of real estate are entitled to mechanics' liens on the improved property. In some states, design professionals--architects, engineers, landscape architects an surveyors--have the right to liens as well.The mechanism for filing the notice of lien and enforcing it is extremely variable from state to state, but in general the lienor has to file a notice of lien within a limited time (usually within 60 to 240 days after the work is performed); he may then being a lawsuit to enforce the lien by showing that the services were rendered, they were not paid for, and there is no special defense that would defeat the contractor's lien rights. At that point, the property is sold under the supervision of the court and the lienors are paid the proceeds in accordance with the priority of lien that they enjoy.
It all depends.
If the governing documents for the association and state law indicate that assessments -- you call them dues -- are automatically liens against the title, and have a priority position ahead of any mortgage lender, then filing a lien means that the unpaid assessments can be paid first from any proceeds of sale.
What is the time frame to file a mechanics lien on a home in allentown PA?
The answer to your question does not matter at a county level. Instead, the time frame to file a mechanic's lien is determined by state law. In PA, you have 6 months after last furnishing any labor or materials to the project to file a mechanic's lien. The lien must then be enforced within 2 years of the lien's filing.
Be careful when filing a mechanic's lien in Pennsylvania, as there are strict service requirements. If you don't everything served within a tight window, you can lose your lien rights. Service must be accomplished by a county sheriff, usually.
What counties in Texas can use a warranty deed with vendors lien?
A warranty deed with a vendor's lien can be recorded in the public records in all counties in Texas (as well as in most other states).
How long does a lien stay on property in TN?
Until it is paid off. There is no statute of limitations on civil debts. The property CANNOT be sold until the lien is paid off to the lien holder.
ClarificationTENNESSEE- STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit cards) 6 years
Written Contract: 6 years
Domestic Judgment: 10 years
Foreign Judgment: 10 years
25-5-105. Period of lien's continued validity - No revival of registration. -
(a) Once a judgment lien is created by registration as provided in § 25-5-101(b), it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.
(b) The provisions of this section apply to all judgment liens registered on or after May 17, 2000, but in no event shall any judgment lien which had expired on or before May 17, 2000, be deemed to be revived by such registration.
[Code 1858, § 2982 (deriv. Acts 1799, ch. 14, § 2; 1831, ch. 90, §§ 7, 8; 1833, ch. 92, § 6); Shan., § 4710; Code 1932, § 8045; T.C.A. (orig. ed.), § 25-506; Acts 1986, ch. 673, § 1; 2000, ch. 725, § 1; 2001, ch. 170, § 1.]
See the links provided below for additional information.
In effect, the car isn't paid off. If you check your documentation, you will find that they can do that. If the cheque bounced, the payments haven't been made.
Yes.
Can they put a lean on a mobile home that you own and rent the lot if you do not pay HOA fees?
Yes.
Read your governing documents to determine your responsiblities to pay assessments.
A savvy board may well step into the revenue stream that you enjoy from the rental of your property, as a way to collect the assessments that you owe.
As well, the association can lien your title, and finally, sell your lot should you continue to resist paying what you owe.
Can a collection agency place a lien on property owned by several family members?
Yes, its a risk of doing business with family.
Once remarried would the new spouse be held responsible for debts of mates previous marriage?
No..only the (ex)husband could be held responsible
Can you sell a car in New York state if it currently has a loan on it but no lien on the title?
IF you can find a BUYER, negotiate with the lender to complete the sale. The "no leinholder" part on the title wont fly if you try to do the sale. It IS recorded with the DMV.
I don't think that it is recorded at the DMV, the vehicle was paid for by check to the dealership through a credit union, it was not dealer financed. I will check with DMV though.
Can a vehicle be insured by a personal policy if a company bought the vehicle for an individual?
Who owns the car, the co or the person?
Can a bank have a key made to repo your car?
They don't really need to. If a bank wants to reposses your car, they will hire a repo man to do it. Licensed repo's have master keys from the car manufacturers that can get them into most cars. Do you owe to a bank or to the dealership? The dealership has a key to your car. The bank can work with the dealership in a similar way. If you owe the bank and there either is no dealership involved or the dealership cannot provide a key, they still have options- they can tow the car, obtain a key from the manufacturer, have one made, etc. They normally already have this process taken care of before the loan is granted. Until the car is paid off, it belongs to the bank or dealership. If they are not being paid on a regular basis, they will take whatever measures legally possible to reposes their property. On a similar note, when they come out to repose the car, they have already called the local authorities. This allows them to take the car whenever and from where ever.
Jurisdiction: USA
Legal claims against assets that comes into being upon the occurance of a future event
Can jointly owned personal property and assets be taken if the repo car was only under the spouse?
YES, they can be taken BUT NOT kept. ALL PP belongs to the debtor and the DEBTOR will have to redeem it.
No, the lien will be satisfied first. Also, she cannot sell the house without the approval of a spouse or other interested party, unless there is a court order to do so.
If you just found out about it you should file a police report and provide any evidence you have. You should contact the attorney who represented you in the sale and ask how that forged lien slipped by you at the time of the closing. You should do this ASAP in case there is a statute of limitations.
If you just found out about it you should file a police report and provide any evidence you have. You should contact the attorney who represented you in the sale and ask how that forged lien slipped by you at the time of the closing. You should do this ASAP in case there is a statute of limitations.
If you just found out about it you should file a police report and provide any evidence you have. You should contact the attorney who represented you in the sale and ask how that forged lien slipped by you at the time of the closing. You should do this ASAP in case there is a statute of limitations.
If you just found out about it you should file a police report and provide any evidence you have. You should contact the attorney who represented you in the sale and ask how that forged lien slipped by you at the time of the closing. You should do this ASAP in case there is a statute of limitations.
Can a contractor file a mechanics lien if he did not complete the contracted work?
This is a good question and it has more questions layered within it that you probably didn't realize. An article that will help you with this question was written on the Lien Blog, and you can read it in the related link for further information.
Can A Contractor File A Mechanics Lien If They Didn't Finish The Work?
Can an auto lease judgment be used as a lien against your home in the state of New York?
Any judgment (exception small claims) can be inacted as a lien against real property. However, if the amount is disproportionately small compared to the property value, it can be appealed. Actually it can be appealed almost anytime, if the defendent wishes to pursue the matter.
So you are trying to sue your deadbeat ex-boyfriend??? Well, I am a collection attorney in Texas and here is my 2 cents worth to you. First, you need to decide whether you really want to sue or not. A lawsuit will cost you lots of time and money, esp. if you have to pay an attorney. Its no walk in the park. You sound like you want to sue but just keep in mind one thing: Even if you sue and win and get a judgment against your ex--the judgment is just a piece of paper that says you are owed x dollars. So the lawsuit only results in the judgment. It does not result in you actually getting the money in your pocket. After you get the judgment from the lawsuit (assuming you win), you have to COLLECT on the judgment. This is not an easy thing to do, esp. if your ex has no money to pay or hides his assets. Depending on the state you are in, you may be able to garnish his wages if you know where he works or collect on his bank account if you know where his bank is. You may also be able to collect on his assets that are "non-exempt" under the law of the state you live in. Each state has different laws about which assets are collectible and which assets are not. I do not know which state you are in. Collection can be a long, difficult and expensive process, for example, a bank may make you pay their fees for wage garnishment of you ex's account. So unless this fellow has cash or assets, it really may be more trouble than it is worth to sue him and collect against him. That being said, at least you know now never to trust a guy with your money! Good luck to you. Alicia.
A criminal lien is specific things that someone cannot do. This could be that a person cannot move out of state, cannot sell personal property, or probation.
When was Corporate Property Investors sold?
Simon Property Group purchased Corporate Property Investors in 1998
