Can a lien be put against a home for a vehicle repossession?
Yes. That means in the event you try and sell your home, any monies received from the home their portion is given to them first.
YES, IF the lender has a JUDGMENT against you.
It depends on the chapter. In either case, your remaining debt is now unsecured and a bankruptcy filing places the judgment on hold. If it is Chapter 13, file a claim and you may receive a percentage of the bankruptcy estate, but not usually until near the end of the bankruptcy term (3-5 years). If it's a Chapter 7, again, it's an unsecured debt and highly unlikely that the debtor will sign a reaffirmation to pay you back. If the bankruptcy gets dismissed (thrown out), your judgment is back in force, provided it has not expired.
If the creditor and the attorney are amenable to the deal, then absolutely. Their objective is to get paid, so they will usually take the path of least resistance in getting the money owed them. Just make sure that this is actually an attorney representing the creditor, not a collection agency acting on its own behalf (they often have attorneys, too). That changes things significantly.
That size of an amount added to the balance, would tell me that there was a pre-payment penalty,or that it was a special state loan with a rate re-caption clause --(the interest rate was lower than street rate at the time it was closed and the difference was due when the house was sold.)
Any which way-- it was due and had to be paid.
Bank LoanIt depends entirely what your contract with the bank states. If there's a clause allowing ofr a penalty or an increase in the debt under certain conditions, then they can do it. Read your contract carefully. Statute of limitations for debt collectionYES. When you became delinquent, you broke the terms of the contract.Just because they added the extra money doesn't mean they have a legal right to make you pay.
In all likelihood the lender is within their legal rights to charge whatever amount balances out the amount owed and applicable costs.
The property apparently is secured by the bank loan. The bank therefore has to approve any sale of the property, clear the title, and other such actions, all of which is considered aditional expenses and is passed on to the borrower.
Why is the IRS billing for a car that was repossessed?
What probably happened was this: When your car was repossessed, the bank took the car to an auction. As an example, if you still owed $10,000 on the car and they sold it at auction for $5,000 then you are still liable for the remaining $5,000 on the loan. The bank probably wrote this off as a bad debt, and reported it to you as Cancelled Debt (Form 1099-C). Under the Internal Revenue Code, cancelled debt is taxed as income unless you qualify for an exception (either being in bankruptcy or being insolvent at the time the debt was forgiven).
What does it mean when a collection agency is going to file a lien?
They are going to make a claim that they have some rights over a piece of property to counterbalance some unpaid debt. It's an attempt on their part to minimize loss resulting from the unpaid debt.
Can you file a ucc-1 before a security agreement is signed?
Its not recommended. You should sign the security agreement and have it notarized prior to filing your ucc 1
Can you file another homestead exemption on a vacation house over 35 miles away?
Generally you can only file a homestead for your primary residence. You should check with an attorney before filing another one. The second homestead to be filed may extinguish the first depending on your state laws.
Anyone to whom you own money can sue you in court and obtain a judgment against you. If they prevail they can request a judgment lien that can be recorded in the land records. You cannot sell or mortgage your property until the lien is paid.
How long do you have to put a lien on someones property?
You need to check the laws in your particular state for your particular type of lien.
You need to check the laws in your particular state for your particular type of lien.
You need to check the laws in your particular state for your particular type of lien.
You need to check the laws in your particular state for your particular type of lien.
Can you buy a car even though you have a judgment lien against you?
I've been told you can't because it will come up on the credit check.
How do you release a recorded lien after winning a judgment against the basis for the lien?
I am not sure exactly what you are asking. I do know that a release of lien is to be signed by the person who holds the lien. If ordered by court that lien is invalid, I suggest contacting the court to find out the correct procedures.
Adding to this-- You should ask the court if by winning would the judgment be "erased" from the books which would definitly be better since the judgment could show up on your credit. Erased or removed would be better than just showing released!
Adding to this-- My understanding is that a lien notice is never removed from being recorded, it's just released by the holder by having another document recorded. Take your court order and record it against your property and then send that order to all three credit agencies and demand that your credit be cleared.
Simply file a "Satisfaction of Judgment" in the office of the clerk of the court where the judgment was entered. (You can get the form in the clerk's office.) That will show that the judgment was paid. After you file the satisfaction, title companies will no longer report the lien as a debt.
Credit bureaus will not release the judgment lien from the debtor's credit report because it is their policy to keep them on 7 years, paid or not. Also, there is no legal way to have the judgment "erased" from record (except a vacation of judgment, which does not apply here).
Will the bank repossess a car with IRS tax liens on it?
The IRS to my knowlege will not/and is not able to put a lien against property that is not outright owned by the person. If the bank holds the title, it is not the person's property yet and is not subject to an IRS Lien. If the vehicle gets paid off, then at that time the IRS can put a lien against it The IRS tax lien attaches to all property, real and personal. However, the IRS has a number of things working against them: 1. The title to the car is being held by the bank. 2. The bank's security interest is perfected (they are listed as a lien holder on the title). Because of this, the bank is going to have priority on the vehicle even if the IRS filed a Federal Tax Lien before the bank gave the loan.
The only way to have an IRS lien removed is to pay it in full. Please be advised that the IRS is one of the few entities that can seize and sell property without the necessity of due procedure of law. Did the person file their federal and state taxes or was the money only deducted from their salary? In regards to the "no identity" one would need to be more clear on the issue. For example, does it refer to someone staying in the U.S. after a visa expired, an illegal foreign national or a problem of a civil nature, such as an assumed identity due to domestic violence or...?
Answer: Not only in personal terms, Fraudulent and unlawful activities are a nightmare for most organizations and as a matter of fact, fraudulent activities are done either by employees within the organization or by hackers. Whoever be the culprits, it's a cause of great concern as it results in loss or manipulation of money, identity and reputation of the concerned individual or organization. Nowadays, companies and organizations are depending on network audit software as a solution to this problem.
If you own your own buisiness and dont get a paycheck, then you dont pay taxes on this buisiness then you could be in serious trouble with the IRS. Hope this helps a little.
If you fail to make three car payments can the lien holder say your act is a felony?
Total nonsense...They are trying to get their car back. Scare tactics. But that does not make it true. Failure to make payments on a loan is NOT a felony. You are defaulting on a loan and they have every right to repossess your vehicle, sell it, and you pay the difference in what it brings at sale and the total left on the loan. You will also be assessed repossession fees. Of course your credit will be ruined for 7 years, but you for sure are not going to be charged with a felony.
I could be completely wrong but it seems to me that the Department of Revenue is taking court actions to collect upaid personal property taxes.
If my investment property goes into foreclosure will they put a lien on my home?
If the loan on the investment property is "recourse" -- ie you personally owe whatever the bank fails to collect on a foreclosure sale, and then you do not pay that "deficiency", then the bank could sue you and take a judgment against you and file a judgment lien against you that would tie up the house (a judgment lien effectively puts a "stop" on transfers of any property). And if you try to sell the property after they file suit (or possibly even before), you might be charged with a fraudulent conveyance. It also depends on whether they took your home up front as additional collateral. There are too many unknowns because you gave few facts, but this is as "could be".
What is the address for ford motor credit lien holders?
need a lien release asap for Ford Taurus 1998, phone lines do not work online website not useful . Please send to 9533 Maywood Avenue KC MO 64134
Generally, in some states a judgment lien affects all the property owned by the defendant in the county where the lien has been recorded in the land records. Once recorded it prevents the sale or mortgage of any real property owned by the debtor. However, in other jurisdictions a specific property must be listed in the body of the lien. In either case, the lien will be reported as part of a title examination ordered by the buyer's attorney. The attorney will need to verify that the lien doesn't affect the property to be purchased and the sale will proceed. However, if there is no clearcut confirmation that the house property is not affected, the buyer's attorney and buyer's bank will insist the lien be paid off.
Can a homeowner put a judgment on a contractor?
The matter has to go to court. A homeowner cannot do it directly.
How does the UCC make filing easier?
The UCC is also knows the Uniform Commercial Code. They deal with laws regarding sales and commercial transactions in the United States. The UCC has streamlined its filing process by now allowing you to search for debtors, and file all online.
Can an Florida HOA keep condo hotel rental income if owner is behind in HOA dues?
Probably, yes.
Read your governing documents to understand the responsibility for collecting the assessments that you owe -- and your responsibility to pay them -- and the steps that the HOA can take to settle your debt.
Stepping into your revenue stream is one way of collecting your assessments. This strategy may cost you extra fees, however, since there will be administrative expenses associated with enforcing the guidelines you agreed to when you purchased your unit. It will be less expensive for you to simply pay your assessments on time and in full.
Thanks- the condo dues have gone so far up that I cannot afford them (250%). I put 70k down on the condo and I can't even sell it for what I still owe ( welcome to Florida).
I used to own a business and it has not made it through the recession….
Thanks for you input- I will spend a few bucks to get my attorney to look at it. It is about 4,000. They are keeping for two quarters….