Liens

Mechanic's Liens are creatures of statute, meaning without an enabling statute, they are would generally not be available. I am an mechanic's lien attorney in Cleveland, Ohio, so I can address the matter from the perspective of the Ohio statute. To buy a lien, the lien holder must first have the right to sell or assign the lien. In Ohio that statute is ORC 1311.21 (a link is attached). Other states may permit an assignment by common law (not statute), you will need to check with an attorney in your state to determine whether your right to buy or sell a Mechanic's Lien is possible. The second issue is whether you should buy a mechanic's lien. In many respects, a mechanic's lien is like a mortgage. It is a cloud on the title to the improved real estate in a specific amount, based on a contract and an obligation to pay. Unlike mortgages, the obligation to pay is less clear. In a mortgage, the note identifies the amount due, the interest rate, payment schedule, etc. A review of the documents will show the priority of the lien, the remaining balance on the note/mortgage and if and when it is due. A mechanic's lien is often the subject of disputes regarding the quality of work or other relevant issues. By buying the lien, you will gain title that is equal to the sellers title, meaning that if the owner or contractor has a defense against the lien claimant, they can assert that defense against you. Another problem with a mechanic's lien is that all liens are paid in the order of their priority on the property, usually which one came first (although there is likely to be a slight variation among the mechanic's liens themselves, often they all have the same priority, mechanic's lien to mechanic's lien) but the bank and the tax man often come first. While you may have a perfectly valid lien, it may be valueless as, at least in most states, they only attach to the equity that the owner has in the real estate. If the property is sold at a foreclosure and there are insufficient funds realized from the sale to pay off the prior liens, or your lien in full, that will be the extent of your recovery on the lien, although you may have also bought the contract right to make a claim on the contractor or subcontractor that the lien claimant worked for or sold to. You should also consider that collecting on a mechanic's lien may require you to file a foreclosure action to enforce it. With all of the bank foreclosures, courts are not as speedy in the resolution of a foreclosure, whether on a mechanic's lien or a mortgage default as they once were. This means that you must also consider the time value of your money, as well as the court costs (which are often substantial in a forecloure) and attorney's fees. This, combined with the uncertainty of the actual value of the lien claim means that buying mechanic's liens is not for an inexperienced investor. If you are going to do it, be sure that before you do, you hire an experienced construction and accountant, perhaps other construction professionals if the claim is complex, to help you assess the claim before you buy. I have also attached a link to some articles that I have had published on mechanic's liens and related construction topics in the Builders Exchange Magazine which you may find useful to better understand liens.

You didn't mention whether or not the lien had been paid and released. There is no statute of limitations on the time period an unpaid tax lien can show on a consumer's credit report. A paid tax lien may show for 7 years from the date the lien is released. A release of lien is the legal disposition of this type of item.

Generally property owned by a married couple is held as Tenancy By The Entirety and if only one spouse is the judgment debtor said property cannot be attached by the judgment holder. Please be aware that the exact wording on a deed to real property is very important. In some cases state default laws will apply if the wording is challenged. The best option is for the concerned parties to have the property title examined by a qualified real estate/titling company or attorney.

Yes and no. The contractor can file a lien against your house for non-payment. Even if you honestly don't owe the contractor any money, he may still lien your house; he will eventually have to prove the lien's validity in court or it is automatically released. No lien can be filed against your car. However, if the contractor gets a judgment against you, that judgment may be executed against your car and home to secure payment.

The debt is owed to their estate.

The debt is owed to their estate.

The debt is owed to their estate.

The debt is owed to their estate.

A number of states have a provision where you can go to your department of motor vehicles and file the vehicle as abandoned on your property. They will notify the lienholder/owner and if they don't respond they will transfer the title to you

Obtain legal advice for your jurisdiction.

Best practices dictate that you work with your association's attorney, who can review your governing documents and determine the form of lien to file against an owner's title, when the owner does not pay assessments.

Lien forms differ from state to state and from type of lien to type of lien; hence, the suggestion that you seek the advice of your attorney.

I don't know, But when you made the deal with the finance company to buy a car they would/should be holding the title to the car until the loan is paid off. One way to figure this out is do you currently have the title in your passion? (make sure) If you do have the title that would mean that you probably took out a personal loan. If the finance company does go to put a lien on your home they have to take it to court, YOU MUST GO TO DEFEND YOURSELF, So when you are in court you can tell the judge your side of the story, (if you don't want the car, and you do have the title ) offer the title up as payment to satisfy the loan. Another thing, When you applied for the loan you talked to a loan officer, and you told them you wanted a car loan. Tell this to the judge, and then ask the judge why would the loan company not hold the car title for collateral? (think about it) Also when you go to court, you might want to think about getting a lawyer ! good luck

Colorado: No. Not without a court order, wherein a fine has been levied.

Yes, if the court approves the agreement as being in the best interests of the child[ren].

Read your governing documents to determine your responsibilities and rights regarding laundry privileges.

As well, you can read the board's responsibilities in enforcing laundry privileges there.

Either pay off the lien and then sell the vehicle, or sell the vehicle and use the money to pay off the lien.

I don't know Mark. Did you ever bowl Walter Ray William Jr? ROTFALOL!!

You don't think anyone can look at your other questions and replies and tell they are you one and the same trying to look like someone you are absolutely not or will ever be. Loser is your birth name. Go back to using it and people will respect you more than they do now.

Because you promised to pay back the money they loaned you, they can certainly secure their right to obtain repayment by having a court authorize a lien on any property likely to be liquidated when they win their case and the value of the repossessed car will not cover the outstanding payments.

In most cases a judgment holder can encumber a primary residence with a lien to the extent of the amount of the lien and/or non exempted amount of the property.

Generally the homestead exemption protects the property from a forced sale for the debt owed. In addition there are several US states that do not allow the forced sale of a primary residence to satisfy a judgment creditor.

Please do not confuse a judgment lien with foreclosure procedures, they are two entirely different matters.

Yes it involves court room and time so the best thing to do is keep the vehicle until you get paid.

Every new car dealer does this on a daily bases.

A debtor who wishes to reopen a closed bankruptcy case to remove a lien normally has to first file a Motion to Reopen the bankruptcy case with the Bankruptcy Court. The Bankruptcy Court charges a $155.00 fee to do this (as of today's date, 2/25/05). If the debtor hired a lawyer to do this for him or her (highly advisable) then there will also normally be attorneys fees that the debtor has to pay as well. Once the case is reopened by the Court, the debtor (or more likely his or her attorney) then has to file a Motion to Avoid Judgment Lien pursuant to 11 U.S.C. 522(f)(1). It should be noted that NOT all judgment liens can be avoided by 522(f), only those that "impair an exemption of the debtor" pursuant to 11 U.S.C. 522(f)(2). One should speak to attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

The debtor can contact the clerk or administrator of the court that issued the writ of judgment to obtain information on filing procedures for a Motion to Quash the judgment. Such litigation is only useful if the judgment is invalid, even so there is nothing to prevent the creditor from refiling and receiving a new judgment writ.

Probably, yes.

Read your governing documents to become more familiar with your obligation to pay your common charges, and the association's responsibility and processes by which they are required to collect the monies that you owe.

Generally, from these captured funds, the association will not only collect your past-due assessments, with fines and interest if applicable, but will also collect any attorneys fees and expenses involved in collection.

When you don't pay your assessments and rent your unit, you benefit from the rent revenue stream, while asking your neighbors to pay your bills -- the expenses to operate the condominium community. It is totally reasonable that the association step into that revenue stream to collect your assessments.

A voluntary lien would be a mortgage.

A voluntary lien would be a mortgage.

A voluntary lien would be a mortgage.

A voluntary lien would be a mortgage.

HOA fees are based on a variety of things. The management association bidding to run an HOA determines the hard costs of things like utilities, landscaping, pool maintenance, administrative costs like attorney fees, billing and postage plus any other required overhead. They then add on their profit margin for servicing the account. The profit figure will be whatever the local market will bear and there is a huge variation between regions.

In some areas the fees have become so onerous that the actual homeowners are taking over their associations and managing it themselves. This works well in small subdivisions.

The lien must be paid. The funds should come out of the seller's pocket.

Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.).

However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.