answersLogoWhite

0

Liens

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

2,139 Questions

If you're refinancing your house but the contractor who was renovating is putting a lien on the house because you still owe him a small amount of money will that affect the refinancing and your credit?

If the lien is reported to your the 3 credit reporting agencies or even one as a collection it will effect your credit. If the lien is just on your home it will not effect your credit however you will have to pay the lien off when you sell or refinance your property. Also some of these liens have running interest which can be a shock in the future.

If an Home Owners Association has lost it's structure can it's authority be revoked?

Your association is a legal entity, possibly a non-profit corporation. According to its governing documents, there is probably no description for the corporation having 'lost its structure'.

The association, however, may have 'lost control' of its power and ability to manage the assets owned in common.

If you mean that all the board members resigned, or you have fewer board members than the association needs to conduct the association's business, then it is up to the membership -- home owners -- to elect a new board, or new board members.

By reading your governing documents, you can better understand the authority of the board, and how to challenge such authority.

Your question is probably based more specifically on a situation that you've chosen not to include in your question. However, when the precise violation, governing failure, or arbitrary ruling can be defined, and its basis in actions described in the governing documents, the membership will be better able to understand how to move forward.

Finally, your situation may require the advice of an association-savvy attorney who can help you sort it out.

Can a lien be put on home in Maryland for an unsecured debt?

Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.

Can you sell equipment with a lien on it?

It depends on local legislation. In some places this is legal if the buyer is made aware of the lien.

Who can file Mississippi tax lien?

The town or county can file a property tax lien. The state can file a state income tax lien.

The town or county can file a property tax lien. The state can file a state income tax lien.

The town or county can file a property tax lien. The state can file a state income tax lien.

The town or county can file a property tax lien. The state can file a state income tax lien.

Judgment a lien against a person don't know what to do with it?

The first step is to record the lien in the local land records to attach any real estate owned by the debtor. You should inquire at the court where the lien was issued to determine how the lien should be recorded. In most jurisdictions the sheriff must record the lien.

If a judgment has been issued for a repossession deficiency will it affect a 401K when cashed in and can they place a lien on your home which is homesteaded or take the money if it is sold?

A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.

If your car is about to be repossessed is it too late to make your account current with the creditors?

No, it is probably not too late. It certainly will help your credit either way. Call them immediately. Do not allow it to be repossessed if at all possible.

How do you know if there is a judgment against you?

There is no central location to find all judgments against you. You can find most creditor and major liability judgments on your credit report. You are entitled to one free credit report every year from the 3 largest national credit bureaus, TransUnion, Equifax and Esperian.

In most cases, the plaintiff or the court will send you a document indicating the judgment has been entered against you. If you move without leaving a change of address, or you do not change your address with the plaintiff or the court within a year, you will not get any mailed notices.

If you know a case has been filed against you, call or go to the clerk's office for that court. Make sure you have the docket number for the case, it will help.

Why was the crop lien systems bad for bankers?

They often could not collect on debts.

There were times when the loans were not repaid.

Can IRS file a tax lien at the same time garnishing the wages?

Yes, they can place a tax lien at the same time. That helps guarantee that they get paid.

How long will unresolved credit diputes remain on a credit report?

How long does a judgement stay on your credit report in ventura county/ca

What do you do if you can not get your car out of impound but you still owe money on the car to a lien holder?

The lien will not go away. You still need to pay it off.

The lien will not go away. You still need to pay it off.

The lien will not go away. You still need to pay it off.

The lien will not go away. You still need to pay it off.

How long does a bank levy last in the state of Tennessee?

It's a one time rape of your bank account. Whatever funds are holding when the bank levy hits, up to the judgment amount, will be deducted from your account and sent to the court. If they issue another levy, same thing will happen again each time the levy is issued.

What is a second mortgage and is there a statute of limitations on a lien?

Answer

You can have more than one mortgage on a property. The second mortgage will always be smaller, and will depend on the equity you have in the property. (Equity is the difference between what the house is worth and what you still owe on it, ie. the first mortgage.)

People typically get them to do home improvements or pay off credit card debt.

Answer

The second mortgage also refers to the position on the lien.

Lenders who are in the first position have the primary lien against the property. They would be able to foreclose on the property should a borrower default because of their primary lien position. The second lien position relates to the amount of money loaned and that second position. A secondary lien holder would find much more difficulty foreclosing on the property. This is why second mortgage interest rates are typically much higher than first mortgage rates, to compensate for the higher risk.

Think of this in terms of other liens against property. For consumers who have money problems, get sued and have judgments issued against them; there can be a number of lien against their property. The position would depend on the time frame and amount of money owed.

All liens (which is what a mortgage is) encumber title and can prevent sale of the property.

There is no statute of limitations per se for a perfected judgment (one attached to property). A judgment lien can be from 5-20 years and in most cases is renewable.

There are time restrictions on when a judgment can be perfected and those are set by the state in which the judgment debtor resides.

Can collection agencies tap a personal bank account?

Yes! Creditors can garnish a personal checking account. As long as the creditor has the checking account info they can garnish a checking account.

Is there any way you can insure your car in another state from which you live?

In most cases you need to insure the car with a policy written in the state that the vehicle is registered. Many states require that the insurance companies report the vehicles that they are insuring to the state for cross reference of motor vehicle registrations. So if you live in state A and your vehicle is registered in state A but insured in state B then state A will think that your vehicle is not insured and revoke your vehicle registration. Now if you live in state A but register and insure your vehicle in state B then you run the risk of not adhereing to the law that says you must register the vehicle in the state of your primary residence. If you have a legitimate reason for doing this such as a second residence in another state at which you keep a vehicle then you should have no problem doing this. If you are doing it to avoid higher taxes or insurance premiums then you will be doing something illegal.

How do you put a lien on a home if a person owes you money for the wedding he never intended to proceed with?

In most states, you can't. Real Property (buildings and land) lein's are reserved for non payment of improvments. Think with a cool head before proceeding with any kind of legal action. Depending on your state, you may or may not have a valid case, even in a small claims court. Discuss your situation with an attorney to see if you have any viable suit and any other options that could at least get your ex to pay for half of the debt incurred. ]

What does it mean if a condo association puts a lien on your condo if you haven't been able to pay your asessment fees?

As an owner, it means that your title to your unit is 'clouded' -- your title is encumbered/ not clear -- by the amount of your assessments past due and accumulating, that remain unpaid.

A lien may also appear on your personal credit report if the title is in your name.

Can a subcontractor file a lien if he contracted with a general contractor?

Yes--but there are specific pre-construction notices that must be given, so see a real estate attorney in your area for details on your state's laws.

What is the number of the lien document that is needed to put a lien on property for money owed?

There is no particular number of a form, although state law usually governs the format of a lien. To save yourself time, money, and embarrassment, I strongly advise you to retain an attorney to prepare the lien documents. Otherwise, any mistake you make can cost you thousands in attorney fees down the line. And attorney fees are usually collectable in liens, so the protection of an attorney on your side may cost you nothing.

Can the land owner place a lien on the mobile home or lender for all ongoing rent owed him if the mobile home buyer stops paying land rent and files bankruptcy to eliminate his debt?

Up until you file BK he can use all legal means to enforce what you owe.

After filing, the court will decide what you have to pay those you owe and divide that among them. If it isn't enough to pay all the debts, the excess may be "discharged". Thye are settled not just eliminated.

The landlord leing the mobile home is for bankruptcy purposes isn't very important, since it will probably be considered your home and qualify for enough exemption to cover it. Leining or garnishing you would be more of a problem

Your real issue from him is eviction of you or your property, (always a bit of an issue with mobiles), but these are more minor delays, as that will be the result if you don't start paying rent (remembering bankrutpcy only effects things from before you file).

(And thank you, I thought you presented that question very well)

Can they make you pay after they have repossessed your car. you are on disability?

they can try - usually they repo and sell vehicle at auction - then sue you for the difference. If you have no income then essentially explain that to them or a lawyer if applicable. Chances are they will drop the issue and just stick it on your credit report as a repo and negative write off.

Trending Questions
If my home has a declaration of homestead on title does this protect my home from liens? What is a HOA special assessment lien? How do you cash a check made out to you and lien holder? Can an owner voluntarily let someone put a lien on a vehicle? What does remand to file mean in the state of Mississippi? Can a lien be filed against a tax refund check? Do i have to pay homeowners assoication fee? Bought a car with a bill of sale for parts only and was not going to register it now plan on registering it for the road what if there is a lien against the car from a financial institution? If someone else's name is on the deed knowone along with yours can creditors force the sale of the home or attach a lien to the home? FDCPA in Florida protect home from credit card collection agency? Can a house be sold if there is a lien on it? What is a supplemental homestead exemption? Can you get a license to sell life insurance with a tax lien? Do you have to file attorneys lien in Virginia? Can a judgment be placed against you without your knowledge? What do you have to do if the owner of property dies and you are the lien holder? Can a home improvement salesperson put a lien on a job sold but not paid by contractor? Can the bank garnish your wages or put a lien on your house for a voluntary repossession in Pennsylvania? What is the number for GE Money Bank for St. Paul? Can an engineer file a lien on a property for services rendered but not paid for by the owner of said property?