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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
Apparently the association owes a debt over which a lien has been filed.
Effectively, the lien can cloud the title of all the units/ homes in the association.
It is in the best interests of all the members and of the association's board to settle this matter quickly and file a release of the lien.
Does the ucc-1 expire or does the institution have to file a ucc-3?
Yes it expires 5 years from the filing date. Within 6 months of the expiration date the institution can file a UCC-3 continuation to continue the filing for another 5 years.
Do you need to be a licensed attorney to file a writ of judgment in Tennessee?
No, if you have been awarded a judgment in a suit, you simply file the judgment with the court clerk in the required time frame and in the manner in which you wish to execute it.
What is the type of lien that takes first position in a foreclosure?
In Tennessee, the lien that was properly recorded first in the Register of Deeds Office for the County where the property is located is the superior lien and will be paid before all others, even if a junior lienholder initiates the foreclosure proceeding.
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.
You can start unraveling this situation by reading your governing documents. The lien may be an automatic lien against your title, which the association chose to file with the court.
If your governing documents offer a hearing option once you've received notice of a violation -- in this case, apparently not paying your assessments -- pursue that option.
As a 17-year owner, if you are reliable in paying your assessments, you should be able to point to your on-time payment history.
The legal fees charged to the association in this case will be paid by you one way or the other: either you pay them in full as part of releasing the lien, or you will pay them with your assessment dollars.
Where or how can you get duplicate copy of release of lien?
A lien has to be filed with the courts. So your best bet would be to go to the records department of the court.
What can they sell at a Writ of execution?
The writ of execution is an order directing the Sheriff to seize certain property of the debtor and sell it in a manner prescribed by law. The proceeds from the sale are used to pay the judgment.
Often, writs of execution are aimed at bank accounts, and creditor's money is simply frozen and then used to pay off the debt. Wages also can be garnished to collect the money. Any personal property of value, such as a car, televisions, electronic equipment, or tools can also be seized. The plaintiff can also file a judgment lien against your real property (land and buildings) and foreclose on the lien (process of selling the property to pay the judgment lien)
People who receive a writ of execution might be able to work out payments with the creditor, depending on the circumstances. Any repayment plan likely will be monitored and enforced by the court that issued the judgment. Once a writ of execution is issued, there is little recourse available to the debtor. In the case of dire financial circumstances, the debtor might consider bankruptcy or other legal options to stop it. These options should be discussed in depth with a qualified attorney.
Who owns a property the title holder or the person who paid the purchase price?
The grantee on the deed is the owner of the property. The grantee(s) on the deed is the person who holds title to the property.
If the person who provided the cash to purchase the property wants an interest in the property they must be named as a grantee on the deed or they must have the owner execute a mortgage naming them as the mortgagee that will be recorded in the land records.
The bank/ loan co. will usually work out a payment plan with you or they willseek a judgment against you and try to garnish your wages(if you are working).The key to dealing with them is to get everthing in writing and to document they're dealings with you i.e. phone log,record their phone conversations with youetc.
How long does a wage garnishment process take and what does it involve?
The exact procedure varies by state. Here in California, the judgment creditor first has to get a Writ of Execution from the court clerk. You file and application for earnings withholding order and pay a fee to the local sheriff's department. The sheriff will then serve the order on the employer. If the employee does not object, the employer could start the garnishment as early as the next paycheck. You can get as much as 25% of the debtor's net pay.
How do you find out if a judgment lien has been placed against property?
Check the records in the land recorder or tax assessors office in the city or county where the property is located.
How can you obtain clear title for property from a tax sale?
The state's court of equity or the state court which handles such proceedings over clearing property titles under such circumstances.
Contacting the land recorder's or assessor's office in the county in which the property is located will help obtain the information needed.
How far from the office must an employee travel before he is paid for milage?
Depends on the terms of the agreement between the employee and employer. If there is nothing in the employment contract that stipulates payments for mileage, then there would not be any compensation for mileage.
Can two banks have a lien on the same title?
Yes. there is no limit to the number of liens that can be recorded against a property.
How do you get a lien removed after your debt has been cancelled?
You dont. You can avoid a lien up to the amount it impairs an exemption; otherwise, once perfected, a lien will only be removed if the pay off the lien.
Ignoring the for the moment the absolutely atrocious parenting this is symptomatic of; no, the social and name you signed up for the cards with are set in stone. Added: Also..., if the children are minors, in many (most/all??) jurisdictions minors cannot "own" property in their own name.
alot you can do yourself. go to a law library and research the work. find books on filing liens, child support data. talk to some court clerks on the amounts charged for filing, and other questions. there are some laws concerning heirs to property that you can find out about. but if he owe child support there is agencies that will do paperwork for very little. you can have his wages garnished, some, not all. depends on how many children and how much he gets paid, plus assets. look in your local government listings for human services to get the phone number. call and ask them about local child support agencies that can help direct you in the right direction. i have worked for lawyers before and 90 percent of the stuff i did , you can do. do your home work. the law library can be your best friend.
You need legal advice that is particular to your state.
First, there is a statute of limitations in your state that governs how long a promissory note is effective. If the note remains unpaid you can bring the matter to court and obtain a judgment if the terms of the note have been breached. If you obtain a judgment in your favor, you can ask the court for a judgment lien that can be recorded in the land records against the debtor's real estate. Once the lien has been recorded the property cannot be sold or refinanced until the debt is paid.
It would be worthwhile to invest in a hour with an attorney who can review your situation and explain your options.
Can they put you in jail for having a lean on your car?
No, the lender can not have you put in jail because they have a lien on you car. They can press charges against you in many states if your vehicle is up for repossession and you attempt to hide it or hinder the agency hired to secure it from recovering your car. Or, if the lender secures a replevin and you still refuse to turn over the vehicle, you will go to jail then for contempt of court.
If you don't hold the title to that truck, you have nothing to put a lien on. The title holder is the actual legal owner of that vehicle, and when you say you're saying that you're leasing it from your "employer" (in reality, you, as a lease operator would be a 1099 contractor, not an employee), it tells me they hold the title on the truck, and already have a lien on it, as well.
You have nothing to put a lien on, plain and simple.
Where do you get forms for homeowners association liens on condos?
Filing a lien on an owner's title is a specialized action that is best performed by an attorney schooled in common interest communities. Filing the wrong lien, improperly, will jeopardize the association's standing in the matter.
Can a condo association take my condo over a dispute?
Read your governing documents to determine which actions by you jeopardize your title.
Typically, if you do not pay your assessments, one remedy -- usually of last resort -- is to foreclose on your unit and sell it to pay the debt you owe.
If the dispute has reached the level where your ownership is in jeopardy, it's wise for you to work with a condominium-savvy attorney to help you protect your home. It's possible that you have ignored notices, and given the opportunity, your board can work with you to resolve the dispute in another way.
Yes it is perfectly legal to pass on the move in fees, however the lease fees are another issue, depends what the lease fees are if for the amenities NO as the owner has already paid for them, as a precessing fee yes, to generate a lease yes.
There ae doezens of reasons for different fees
I have even seen a move in and a move out fee, interview fee, etc
The landloard can cahrge you basically anything he wants if you agree to it.
