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Liens

The right of a creditor to sell collateral property when a debtor defaults on their loan

2,139 Questions

If there is a lien on your house can you sell the house?

The lien must be paid at the time of the sale. You can sell your house, but the title company will pay the lien out of your proceeds or require you to come to the table with the money if there is not enough received from the sale. This is because they need to provide clear title to the house to the new owners.

How do you do a mechanics lien?

any lien is challengable in superior court or small claims, depending on amount of lien.

What does a sign pro-forma to perfect lien only mean in Texas?

Normally a non-borrowering Spouse will Sign Pro-forma on a loan involving a Homestead. All owners and spouses must be put on notice that lien is being placed on the Homestead. So even if the Spouse isn't named in the property records as an owner, they must sign the Deed of Trust "pro-forma" to insure it is a valid lien on the property.

How do you put a mechanic's lien on a motorcycle?

You don't.

A Mechanic's Lien is a legal instrument that can be used by a contractor, business or person who has made improvements to real property. For example, a company installs windows in a house and the homeowner who contracted the service does not pay the bill, the contractor can then file a Mechanic's Lien against the property where the windows were installed by recording the lien in the land recorder's office in the county where the property is located.

That is actually not true. A mechanics lien is a lien that can be put on any type of vehicle due to an unpaid bill for the services that you receive. For instance, if you take your vehicle to a shop and then fail to pay them, they can put a mechanics lien on it until the balance and services are paid for in full. That is why it is called a "mechanics" lien. If you are not a licensed mechanic, you cannot put a mechanics lien on anything. However, you can go to your local county courthouse to file a standard lien.

When a car is repossessed in Minnesota what are the laws?

Iowa TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Iowa Office of Vehicle Registration, P.O. Box 9278, Des Moines, Iowa 50306. Tel:(515)237-3077. RECOVERY REQUIREMENT: After Twenty Day Right To Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace. PLATES: Remain with the debtor. http://www.iowa.gov/ http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/titles.html

Is Nevada a title theory state or a lien theory state?

Nevada is a lien theory state. In "title theory" states, actual "legal title" to the property temporarily passes to a trustee to secure the debt. The borrower (grantor), retains possession rights and "equitable title" and has full use of the property for the mortgage term. When the loan is paid off, legal title is restored without the necessity of a reconveyance. In "lien theory" states, the lender (mortgagee) places a "lien" on the mortgaged real property while the borrower retains both "equitable" and "legal" title.

Does a property lien expire?

Most property liens, except local tax liens, expire after the statute of limitations has run. You would need to check the laws in your jurisdiction for the particular lien to determine how long it can be effective.

Is North Carolina a title theory state?

Yes, Tennessee is a title theory state. See www.title.grabois.com.

How long is a property lien for in New Mexico?

The lien stays with the property until it is paid. You cannot sell a car or a house, for instance, until the lien is paid and you have clear title. Usually the lien on a house is paid for at closing, either from the proceeds of the sale or money that you bring to the table.

What is the Statute of limitation for judgment in New York?

The usual time limit is ten years at a maximum of 8% interest. N.Y. does not allow most judgments to be renewed.

A judgment in New York is valid for twenty years. During that time it can enforced against a judgment debtor's income and assets.

A lien of a judgment resulting from the docketing of a judgment with the County Clerk is good for ten years, and can be renewed for another ten years.

What do you do if you get sued for repossession of a vehicle?

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. Your credit will also be ruined for 7 years.

What is a homestead exemption in Texas?

No, the Texas Homestead Exemption cannot be waived as it is a constitutional right.

The only ways to lose the exemption are death, abandonment of the property, establishing another homestead, or sale/transfer of the property.

How can you legally get rid of a firearm in Florida?

If this is a firearm you bought or inherited and are legally possessing the best thing to do is to sell it to a FFL dealer. Any gun shop will have this license and will be able to help you.

If you found the firearm or are unsure of where it came from the best thing to do is to surrender it to the local police with an explanation of how you came by it. Police may run a trace on the gun to see if it has been stolen.

In either case, be sure to wrap or case the firearm before taking it anywhere. Both gun shops and police stations frown on people walking in the door gun in hand.

If you are familiar with the operation of the firearm, and are sure you can do it safely, unload it. If you have the slightest doubt, leave it alone, don't touch the trigger, do not point the barrel at anyone, and be sure to tell the police officer or gun dealer that you have no appropriate experience and that you are not sure if it is loaded.

How do I check for liens against house?

You can visit the local land records office and check under the owner's name for liens. To find the land records depository in your jurisdiction do an online search using your state, county + land records. There may be an online data base available.

How do you lien a house in Canada?

I can only assume you are asking how can someone put a lien on a home in Canada? The owner of the home would have to owe you or the government a lot of money before you could put a lien on their home and even if it was a private affair I'm not 100% sure a private party can put a lien on someone's home. It's usually banks and or money owed to governments who put liens on a persons home.

Where did coffe come from?

Coffee originates from Ethiopia in east Africa.

The coffee bean was also originally cultivated in this area.

What did homesteaders do?

Deer, rabbit, squirrel, raccoon, possum, buffalo, bear, berries, fruit, and any vegetables & corn they could grow.

What is the law on pickpocketing in Louisiana?

Larceny is an intentional and unlawful taking of a person's property. If you are charged with petty larceny, up to 500 dollars in theft, your sentence may be less depending on if there are any other charges that are attached to your case. However, if you commit grand larceny, over 500 dollars in theft, you are likely going to be facing jail time.

What happens if a resident can not pay a condo association assesment?

The condo association may file a lien against your condo unit. If you still don't pay the dues you owe, the condo association may sue you to foreclose on your condo.

I highly recommend working out a payment plan with the association, if possible.

When you don't pay your assessments, essentially you ask your neighbors to pay your bills.

Can a Lien be placed on property for unsecured debt?

Yes.

For example, even without a written security agreement, your house or car or other property can have a lien attached when you have not paid for work done on them. This is called a "mechanic's lien" and could also apply to anyone who has delivered materials to your contractors for home improvement but have not yet been paid.

Any unpaid debt can result in a lien when a creditor sues you and wins a judgment against you. A judgment lien can be used to freeze a bank account or prevent the sale of real property once it has been recorded in the land records.

If state or federal tax authorities discover a bank account, or other valuable property, belonging to a tax delinquent, the account will be frozen or the property will be seized. For a frozen bank account the tax delinquent will generally be notified by the bank.

Another type of lien would be for non-payment of property taxes. Unless you resolve these within a prescribed period, the town/city could then file a "tax deed", taking title to your property, which is then sold at public auction to pay for the delinquent taxes.

Can a property owner file a lien against a contractor?

depends on your state, but usually mechanics liens are for private citizens, you need to file a claim against a City entity (call them get a form), then if they reject/deny your claim you have to file a law suit. If you are a contractor its a particular form and you have to file to enforce it (i.e. they owe you money for a job you performed). What's your beef?

There are cetain civil codes and code of civil procedure youn need to follow, you can go to a law library, or ask for legal help on line.

How do you file a personal lien in Ohio?

Some people will have you believe that Ohio Mechanic's liens are relatively easy to do. The answer is that they really aren't that easy. They are far more complex than merely "filling out a form." The statute, ORC 1311.01 has separate sections for private "commercial" projects, public projects, residential projects and oil and gas wells. In addition, there are hundreds of court opinions interpreting the statute, some of which conflict from county to county. Assuming that the project was not residential, gas and oil or public and there is no enforceable prohibition from filing a lien in the contract, the procedure is as follows:

  1. Before you start work on the project, obtain the Notice of Commencement, if one was filed and serve your notice of furnishing on all required parties (this will be the project "owner" if you are not an original contractor and if you are a subcontractor or supplier not in direct contract with the original contractor, you will also have to serve the original contractor).
  2. Within 75 days of your last work on the project (be careful if you are considering punchlist as your last day of work, because there are some prohibitions to consider) (60 days on a "residential" project--subject to a possible paid in full defense, 120 days on a public project or oil and gas well) file your affidavit for lien with the county recorder or recorders (if the project crossed county lines, yes some actually do) for the county or counties where the project is located.
  3. Within 30 days after you filed the lien, serve it on the project owner (for example, this could be the property owner or a lessee) (this is important and forgotten by people who don't regularly file Ohio mechanic's liens--forgetting to do this will make your lien void)
  4. Hopefully, you will be paid what you are owed and you will have to release or satisfy the lien.
  5. If you don't get paid, your lien will last until the 6th anniversary of the date you filed it. If you haven't filed a lawsuit to foreclose the lien by then, it will expire. Ohio mechanic's liens cannot be renewed or revived.

Mechanic's liens really are very technical and even the smallest defect can cost you the lien. If you need to file a mechanic's lien in Ohio (or any state for that matter) please contact a construction lawyer who understands mechanic's liens. For more information, check my website, I have several articles and videos about your mechanic's lien right.

How do you get a lien release from ford?

I called Ford Credit at (972)-281-0500 and in about 2 minutes was told they would mail a duplicate title in 24-48 hours.