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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 you file a mechanics lien if the person is now deceased?

Yes, you can file a lien against the property. The estate will have to clear the claim.

Are you warned before the Sheriff removes possessions from a forclosed home?

I'M NOT A LAWYER, BUT I KNOW A LITTLE AND THEY HAVE TO HAVE A SEARCH WARRENT IN ORDER TO EVEN ENTER YOUR HOUSE TO TAKE ANYTHING. NOW IF YOU LET THEM IN THEY STILL CAN'T TAKE ANYTHING BECAUSE THEY HAVE TO HAVE A VALID REASON FOR DOING SO. IF NOT ANY COP CAN COME INTO THE HOUSE OF ANYONE AND TAKE WHAT THEY WANT. THAT'S WHY A POLICE OFFICER TALKS TO THE DISTRICT ATTORNEY WHERE AS HE POSES TO A JUDGE THE REASON THEY GAVE HIM THAT WOULD WARRENT A SEARCH IN YOUR HOUSE IMPORTANT FOR A CASE AND IF THAT JUDGE SEE'S IT FIT WILL GRANT THE SEARCH IF NOT THEN IT'S AND ILLEGAL SEARCH IF I'M NOT MISTAKEN WHICH I CAN BE. KNOW FROM A FORECLOSED HOME USUALLY THERE IS ALREADY AN ORDER TO EVACUATE PROPERTY FROM THE HOME TO "FORECLOSE" SOME KIND OF CONTRACT OR AGREEMENT. IF SO THEN I THINK SO BUT YOU HAVE TO GET A PAPER STATING THIS BEFORE THIS HAPPENS. ANYTHING OF VALUE WILL BE TAKEN, BUT I THINK THE POLICE ONLY ARE THERE TO SEE THAT THERE IS NO ONE GETTING IN THE WAY OF THIS PROCEDURE TAKING PLACE. GOOD LUCK BYE BYE.

Many portions of what I could understand in the above, (hard to read, if nothing else), is incorrect or misleading for the circumstances. The house is foreclosed. It isn't yours. The owner wants possession. Your possession is illegal. They can pretty much enter as they want. No search warrant is needed. (They aren't searching for anything, anyway.) Similar to they can enter a property in pursuit of, or upon seeing, an illegal action or criminal. The courts have ordered the sherriff to remove you and your goods and give possession to the owner anyway.

In reality, most sherrifs (or anyone else involved before this too) would rather work with you on what needs to happen than just move your stuff on the street. But, if you think that means be jerked around with by you....(and certainly don't think you can outsmart them (believing they can't do it when your not around, break a lock, too busy/sick, something is illegal and they can't do it, etc., etc.), they do this daily and everyone tries to stay longer and longer), and you would be entirely mistaken.

Fact is, you didn't pay as you had promised to, for some time (that is a very real form of lieing), didn't work to save the property or even make life any easier on anyone else that had to act to preserve their rights and not lose more because of you. (Yup...had you originally tried to work with the mortgage co, the costs would have been lower for all, and you may be still living there by an agreement helping to maintain and sell it). Instead, you made things harder and more expensive, ignoring the notices and attempts to have you willingly give the property up - now to it's actual owners - and there isn't any reason for much sympathy to be given to YOU now. Why not change your why of doing things ( I mean, clearly what you are doing isn't working well) and try doing the honorable thing? Find another place (albeit you may actually now have to pay for it yourself), pack and move there....maybe even clean up after yourself as you leave. Quit being a burden on everyone else...even for one day more.

WAKE UP. You have been given notice about what will happen....that is what all those things about not paying your debts and mortgage,the whole foreclosure, opportunity to respond to court letters, etc., are about. YOUR ON NOTICE...the property may be foreclosed and your right to live there ended. People/Places gave you a chance to have the home that you wanted....they gave you loans and acted on your promises....and you screwed them...what do you think they should give you now?

Can lender refuse to pick up car and still refuse to release title?

The title is only released when the debt or loan is paid in full. If you want the lender to pick up the car, I'm guessing that you can't or don't want to make the payments. The lender can refuse to pick up the car, but, if the debt remains unpaid, they will probably have the car repossessed which will negatively affect your credit rating.

Does a mechanic's lien include a car?

In most states the person who repairs a vehicle has an artisan's lien. An artisan's lien is a possessory lien meaning that a) no recording of any document is required to obtain the lien, however b) the lien is only good while it is in your possession. If you return the vehicle to the owner you have lost your lien. If the owner takes the vehicle without your consent, your lien is not defeated, however, in most states the act of taking the vehicle from you will be considered theft by the vehicle owner.

How does a landman file a lien against a broker?

You haven't explained the reason the broker owes you money. Generally a person must sue the party who owes them money. If successful the court will issue a judgment lien that can be served on the debtor and recorded in the land records. It can be used by the sheriff to seize any property to satisfy the lien.

If there is an IRS tax lien on your mother's separate property for your stepfather's back child support and she dies can the lien be lifted?

Answer

Only if the lien was paid through the settlement of your mothers estate. If you don't know if the estate was probated, check with the probate office in the county she died in to see if anything was filed.

Answer

An IRS lien would not have anything to do with back child support. It would only have to do with back taxes. If your mother was not liable for those taxes to begin with, then the lien should not have attached to that property (even if it was listed at that address for him, it did not legally attach if he does not have an ownership interest in the property). If that were the case, all that you need to do is get a Certificate of Non-Attachment from the IRS.

If she was, in fact liable for the taxes, the lien will need to be paid by the estate before it will be removed.

Can property liens go away after filing bankruptcy?

Liens, either involuntary or voluntary cannot be discharged in BK, there are there to stay. However, it can be possible to AVOID a lien, depending on the value of the lien, value of the property affected, and the exemption amount for that property. Such a procedure is too complicated to discuss here.

Can you get credit to buy a car if there is a tax lien on your home?

Not likely from a reputable agency.

The local lot may.

Either way the terms would be very bad, and you will be likely to default.

How long does a PA State tax lien remain in effect?

Commonwealth Liens - Indefinitly

Federal tax Liens - 10 years 30 days unless revived then the clock starts over

Other judgments - 5 years unless revived and then again the clocks starts over

What is the law concerning Alabama workmens comp exemption?

According to my research, Alabama's worker's comp is compulsory, and waivers are not permitted for businesses that must provide it by law. Employers with fewer than 5 employees are exempt.

Can you transfer title deed to spouse to avoid debters placing liens on your real estate?

No you cannot. In most jurisdictions a transfer to avoid creditors is a fraudulent conveyance and can be voided by a court. You should consult with an attorney before you act.

What is Illinois annual homestead exemption?

An Illinois annual Homestead exemption is an exemption available to homeowners in Illinois. The exemption is taken off the equalized assessed value of the property. Example: Assessed Value times the Multiplier (equalization factor) determines the Equalized Value. The Equalized value minus the Exemptions determines taxable value. There are several homestead exemptions available in Illinois. 1) Homestead Exemption 2) Senior Citizens Exemption 3) Senior Citizens Assessment Freeze Exemption 4) Homestead Improvement Exemption 5) Senior Citizens Tax Deferral 6)Destruction of Improvement Exemption 7) Religious, Chartable or School Exemption 8) Returning Veterans' Homestead Exemption 9) Disabled Person's Homestead Exemption 10) Disabled Veterans' Standard Homestead Exemption 11) Disabled Veterans' Homestead Exemption. You can check these out on the Illinois Department of Revenue site or contact your county assesser's office.

How does a narcissist behave in court when they owe you money?

If the narcissist regards you as a potential future source of narcissistic supply, he will seek to compromise. If he has given up on you as a source of supply - he will fight you tooth and nail.

In Virginia how do you obtain a Mechanic's Lien for work done on a vehicle when the customer refuses to pay for the service?

Albeit very confusing, a Mechanic's Lien is not actually the legal procedure that is used for recovering money owed for repairs or other work done on vehicles.

The person who is owed the debt will need to file suit in small claims (or whichever court is applicable depending upon the amount owed) in the county where the debtor resides. If the plaintiff (creditor) wins the suit a judgment will be entered against the defendant (debtor). The judgment can then be executed under whatever manner is allowed by the laws of the debtor's state. Small claims judgments are generally for monetary recovery only, such as wage garnishment or bank account levy.

Can credit card companies file liens on your home or sue for the delinquent amount plus fees and penalties even though a card is an unsecured debt?

Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages and take any other action allowed by law.

Any consumer faced with such a threat/possibility needs to research their state's laws. Find out what the statute of limitations is in their state and whether or not their debt can be acted upon in the manner you have described.

Many Credit Card companies, sell account to third parties. Those are the people that initiate any legal action. Sometimes it is an agency that works with a law firm, sometimes it is group of collection attorneys. Every state has a set of exemptions (property exempt from creditors action) they can be used in bankruptcy or lawsuits. You can find out what those exemptions are and how they apply in your situation by doing a simple web search ("Name of State" bankruptcy exemptions)

Liens against an estate:

First, states limit the recourse (how much a creditor can collect) a creditor has to the value of the Decedent's estate. This means that creditor's cannot make the decedent's heirs and beneficiaries liable for the Decedent's debt. (Although debt collectors frequently misstate or avoid disclosing this information, hoping that a decedent's spouse or relative will pay the bill.)

Second, depending on your state, a surviving spouse may be liable for the decedent's debt beyond the value of the estate, in others state laws limit the surviving spouse's liability.

Third, depending on your state, some property, for example joint tenancy property, may pass free of creditor's claims (except for secured claims.)

Fourth, most states have a system to apportion the decedent's debts between various creditors, and apply priority- who gets paid first.

Fifth, most states, whether an estate is administered in probate or by a trust, have a "creditor's claim" procedure. This controls how a creditor may seek to enforce the debt against a decedent's estate, and reduces the statute of limitations.

Sixth, In California, for most unsecured non-government (think MediCal, Federal and State taxes) creditors, there is a universal one year statute of limitations for claims against a decedent which runs from the decedent's death. If a creditor does not file suit in this time (or file a creditor's claim against the decedent's estate or trust) they are barred from recovering the death.

Finally, proper application of state law to cut off a decedent's creditors normally requires the assistance of an attorney and filing of the appropriate pleadings in probate court.

You got your truck impounded by the police because you had no insurance the bank took it from the cops now 38 days later you have to pay the lapd 1988 to get your truck back if you let it all go how?

It's your credit... If you let the bank keep the car and don't pay the bill your credit will be messed up even more. When you bought the vehicle you agreed to pay the note. If you back out now you're telling the bank and everyone else that your word isn't worth anything. Do you think they'll want to do business with you again?

How does one as a private citizen repo a car that is in the names of that perons and the former boyfriend?

Consult a lawyer, there are too many variables to answere online with no background. Local laws need to be followed. Your local police department might also be able to gve you advice.

Can a lien holder refuse release of lien if debt is paid?

If a debt has been paid off, the lien holder is required to release the lien. If the lien holder refuses, you will need to get a lawyer and take the case to court

Can a utility company place a lien on property if the owner fails to pay their utility bill how do they go about placing the lien and how long does the lien remain in effect?

in Texas the answer is YES ... The utility would file the appropriate form with the county clerk. The lien does not require renewal and remains in effect until cancelled.

Can creditors put a lien on life insurance?

A lien against the fee owner, or remainder person, will be subject to the life estate.

A lien against the fee owner, or remainder person, will be subject to the life estate.

A lien against the fee owner, or remainder person, will be subject to the life estate.

A lien against the fee owner, or remainder person, will be subject to the life estate.

When a mortgagor forecloses on a property and sells it who pays any liens?

Generally: The proceeds of the sale are used to pay outstanding liens that must be paid. Liens that must be paid are local, state and federal taxes, municipal services liens, the subject mortgage and any liens that were recorded prior to the recording of the foreclosed mortgage. Any liens that were recorded after the subject mortgage are wiped out as to the record title. They would no longer be liens against the real estate but could be pursued as against the owner who acquired them.

Do I inherit a debt if the car I bought had a lien on it?

It is illegal to sell a car with a lien on it. If it has a lien you will not be able to register the car in your name. The loan must be paid off and the lien released before you can actually own the car. You may have just got scammed.

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