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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 lawsuit against someone who owes your company money for rent if the agreement was never put in writing?

Yes. You will need some evidence to support your claim that the premises were occupied by the defendant, how long and the amount owed. That might include copies of payments by check, emails, text messages, other written correspondence, photos that show occupancy or damage, etc.

Can a lien be placed on a new home by a private company?

This has a lot of senerios. The first of which is, "what state do you live in?" In Minnesota we call them Mechanics Liens. The catch with them is that they MUST have sent a Pre-lien Notice to the homebuyer/builder prior to or within 10 days of work being started at the property. This is all assuming the "private company" you are refering to is a subcontractor or worker that did work on this new home. Look to your state for help on this one. Hope this helps.

How long will an unpaid tax lien stay on your credit report in VA?

The government keeps changing the rules, you will hear, 7 and 10 and 15years. This is a ridiculous shafting by the good old crimminal USA Government

Does hairy tongue ever go away?

Mine currently is. Apparently, it does not mean you're going to die. I mean, we're ALL going to die, but in this case, not from your green, black, yellow, or brown tongue. So this cosmetically unattractive, but basically harmless affliction can be brought on by any number of things. Most common seem to be; new mouthwash, smoking, drinking (booze), not drinking (dehydration from too much booze), as well as generally low standards of hygiene, especially in the mouth. I mean, if you can't brush your teeth and you get a green or black tongue because of it, you'll probably scare others off with your discheveled appearance featuring soiled clothes, greasy hair, or offensive odor. Also, from what I've read, it's basically elongated taste buds, so you can't scrape them off or anything, they're, like, stretching. Or something. BUT, if you blow on them with air, (i don't recommend compressed air unless you like the idea of living in intense pain in a hyperbaric chamber for a few hours to a few days), they look like a summer breeze blowing through a field of tall grass. So I hear. SO, take a shower and wash your clothes my friend! Others will appreciate this and you may actually land a job with a new interview since the 4-5 interviews you've been to in the last couple of months most likely won't pan out. BTW, ever since I immediately changed back to my old mouthwash (crest pro health blue) from my new mouthwash (crest pro health clinical white) the green junk has almost all disappeared.

What is bank release order?

The air waybill executed according to the terms of a letter of credit allows the shipper to present the original of the air waybill to the bank and collect the billed value of the shipped goods from the bank. The amount paid by the bank to the shipper will be debited to the consignee who ordered the goods. At the destination the carrier will only hand over the goods to the consignee on receipt of a bank release order from the consignee's bankers.

Who is BAC Home Loans Servicing LP?

BAC Home Loans Servicing, LLP is part of Bank of America.

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They call me every day about my home loan. Which might seem legitimate unless you take into account the fact that I am not, nor have I ever been, a homeowner and I do not have and never have had a mortgage.

Bank of America and Recontrust appear to be the same companies. Slightly (3 digits) different numbers but SAME mail stops SVW-88. See below:

DATED: 09/03/2008 RECONTRUST COMPANY

1757 TAPO CANYON ROAD, SVW-88

SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale

Information (626) 927-4399 By: - Trustee's Sale

Officer RECONTRUST COMPANY is a debt collectorattempting to collect a debt. Any information Obtained will be used for that purpose. ASAP# 3625868 07/01/2010, 07/08/2010, 07/15/2010

7/1, 7/8, 7/15/10

PRE-1892558#

BELL GARDENS REVIEW - Publishing Newspaper in Calif.

Then, per the Bingham County, Idaho, Tax Collector's Office for a foreclosed property at 1252 - N 1150 E, Shelley, ID.

BAC (bank of america) Home Loans Servicing, LP

1800 - Yapo Canyon Rd

Mail Stop SVW-88

Simi Valley, CA 93063

Where are homes under 100000 in California?

In both Riverside and San Bernardino County homes can be found for at or just below $100,000. Places like Hemet, Indio, Fontana have 2bd. 2ba. Homes for that range w/ some fixing needed. And manufactured homes for $80,000 and up. Of course 55+(homes) in both those areas is even a greater value with 3bd. 2ba. 1300+sqf. for around same prices.

How long does it take for your city to put a lien on your house for no tax payment?

It depends, because there is no definitive time-frame.

The tax agency truly tries to avoid seizure in the form of taking real or personal property from a delinquent taxpayer. However, if a delinquent taxpayer ignores a lien and subsequent correspondence and contact with the them, often seizures on bank accounts, accounts receivables or wages (also known as levies and garnishments) can start within weeks or months. In fact levies and garnishments can take place prior to a lien ever being filed.

What are the 3 major credit bureau?

The three major credit bureaus in the U.S. are Equifax, Trans Union, and Experian. To find them on the internet, simply enter those names as dot-com Web addresses.

Can you quit claim a home with a lien?

Fill out the quit claim deed. It will not relieve you of your responsibility for the lien and it takes away all of your rights in the property. In most cases the lien will have to be satisfied before the transfer can be completed and any change of ownership recorded.

If a contractor fails to complete his work but leaves his tools on the home owners property can the homeowner sell them to pay for someone else to complete of the job?

Ownership of the tools is cloudy. Go to small claims court if you have paid them money and ask for repayment in terms of the tools. Be sure to call the contractor beforehand and see what is happening in his world. Communication can clear up a lot of assumptions.

What happens when you file a lien release on car if others have a lien against you?

Your question makes no sense. There is no lien on you but only on your vehicle. You do not file a lien release unless you have a "release of lien" issued by the financial institution which you borrowed money from against that vehicle. If there is a second lien "mechanics lien, tax lien, etc." that lien now becomes primary. Another person cannot take possession and or register the vehicle in their name until any and all liens have been satisfied. 19 years experience in the car biz.

Can a HOA's judgment be filed as lien against the property and at the same time seize assets such as a financed vehicle?

The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.

The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.

The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.

The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.

The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.

The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.

The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.

The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.

How does one file a lein?

You have to be entitled to the lien in the first place. The filing method and place of filing depends on the nature of the lien.

What are the repercussions of having a lien on your property?

Your property cannot be sold or mortgaged until the lien is paid. If the lien is substantial the creditor can force a sale of the property. If the lien is for property taxes the town can get a court order, take possession of and sell the property. You should also be aware that interest begins to add up on any judgment lien until it is paid off. The debt will grow larger.

If a rental property in a lien theory state goes to short sale can it affect a primary residence in a title theory state?

If you are doing the short sale and the lender for the rental property is demanding that you pay the difference between the short sale price and the current principal balance (let's say the current loan balance on the rental property is $100,000, but you short sale the property for $80,000), then yes it is possible they may put a lien or get a judgment in the amount of that $20,000 difference which could be applied to your primary residence as a lien or judgment.

Here's some more information:

When financing is involved in a real estate purchase, it is important to understand if you will be subject to the title or lien theory of mortgages. The way in which a state will interpret how mortgage law is followed will be determined by which type of theory is practiced in your state.

Each type of theory has special considerations on who will hold title and how foreclosure proceedings would take place if they were to become necessary. In title theory states, the borrower does not actually keep title to the property during the loan term. The seller gives the buyer/borrower a deed to the property but when the borrower signs the mortgage for the loan the borrower gives the title back to the mortgage holder. The lender then holds title to the property, as security only, until all loan payments have been made. During that time the borrower has the right to possession of the property, and the lender delivers the deed back to the borrower only after the loan obligation has been satisfied.

In a lien theory state, the buyer holds the deed to the property during the mortgage term The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The lender's lien is removed once the payment of all loan payments have been completed. Foreclosure proceedings in a lien theory state may be more difficult for the lender than in a title theory state, due to the fact that the buyer is holding title to the land and not the lender.

Sources: http://www.escrowhelp.com/articles/20000317.HTML

Free homeowner assistance with these types of questions: cmcsoa (Consumer Mortgage Counseling Services) www.cmcsoa.org

Can the IRS put a lien on my house for my new wife's federal debts?

If you owned the house in your sole name before the marriage, not unless you made her a co-owner.

How do you put a lien on a matrimonial home where one of the owners is not on title?

Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital home unless the husband and wife both hold title as a husband and wife.

Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.

Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.

Generally, if the home is in a sole ownership then you can record a lien once you have prevailed in a lawsuit and the court has issued a judgment lien. Generally, a home is not a marital homeunless the husband and wife both hold title as a husband and wife.

If you foreclose on your condo will the bank come after you for payments?

if u live in a judicial state, the bank can come after you for the 2nd mortgage only. Fla is a judicial state, Va is not if the trustee (the person authorized to conduct the foreclosure) sells your condo via auction for less than the full amt of the loan, the bank cannot pursue a deficiency judgment also, check your original "note" on the mortgage and see if it is a recourse or non recourse loan . If you do not have the original note, request it from the lender. This is the one that has everyone's signatures including notary public. The with or without recourse will appear on the last page next to the signatures A non recourse loan will exempt you from personal liabilities, plus will prevent you from having to report the amt from the 1099C as taxable income.

Can you get a repossession back in the state of FL?

Theoretically yes, if you act quickly enough. The lienholder gets to decide what you have to do in order for this to happen; it could range from "make up all the missed payments and pay the repo fee" to "pay off the loan in full, plus pay the repo fee." Theoretically I suppose it could be less than making up all the missed payments, but if they trusted you that much I'm not sure why they would have gone to the trouble of having it repossessed in the first place.

If the car has already been resold (and lienholders don't tend to hang onto them long, because they really don't want to be in the car storage business), then no, it's gone and you can't get it back.

How do you place a lien on property in Massachusetts when you live in Canada?

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

Does the debtor have to be notified of a writ of judgment?

A debtor does have to be notified of a writ of judgment. The debtor is often notified before the court hearing takes place.

If the car was repossessed can the lender refuse to allow the cosigner to make the payments and insist that the full amount be paid?

Most loan contracts have a 'right to accelerate the balance due" clause to cover the LENDER if they don't think the signors can make the payments in a timely manner.

This is very true, however if you ever find yourself unable to make the full payment on anything, the best thing to do is contact your lendor. Most lendor's would prefer to receive some payment rather than repossess and try to resell, they WILL loose money. So if you make arrangements with them they will most likely be willing to work with you. However, I really do NOT suggest making such arrangemtns and then not paying, because the lenders will NOT be happy, they WILL repossess and you WILL owe them the whole amount before they let you have the property back.

Can both the bank and repo man charge retaking storage repair and sales expenses when you bring your payments current and pick up the car?

"both" the bank and repo man?? NOT that I am aware of.

retaking, REPO??? usually charged by lender storage, USUALLY charged by repo co. repair (NOT normally done), sales expenses WHAT did who "SELL"??? READ YOUR CONTRACT. It should govern what you pay to whom.

In Tennessee when one spouse dies without a will what becomes of the property they own jointly?

I live in Tennessee . Neither my husband or myself have a will and own several hundred acres and our home. We were checking in to this as he said we didn't need a will. Was told by a lawyer that joint property became sole property of the surviving spouse. Part of our property was his before we were married.When his aunt died and a battle ensued over her property ,between her husband of 20 years and her brothers , it made me go check out things for the protection of me and my children.After seeing how his uncles treated his aunts husband ,I felt we needed some changes even if it cost us a little money. Title search , surveying and drawing up new title on land cost us about $600. People may run into trouble when there is property that one had before the marriage and it has never had the other spouses name put on it. Many assume that when you marry it just automatically becomes the property of new spouse.In this case was told that two thirds of the property in question goes to any children ,be it one child or a dozen. The remaining third goes to the surviving spouse and any other person , relative or debt holder that wants to put a claim against it. Was told this doesn't only apply to real estate but other property such as cars ,boats ,antiques etc. Personal items like clothe,books ,bed you sleep in .. are exempt. Not an expert .This is just what we ere told and now all of our property has both our names on it. I would still recommend a will and we are working on that. * As noted in the previous response all jointly owned marital property passes to the surviving spouse under the state's Tenancy By The Entirety (TBE) laws. Property not acquired during the marriage is partitioned according to the probate succession laws in more or less the way cited in the previous response. Creditors have first claim against non exempt property and assets of the deceased before any property or assets can be distributed to heirs and/or family members. Go to your local court house and get the information you need. In Virginia, you still have to file for probate even if you have a trust or a will. Probate is just a simple review so that the "government" knows that all is on the up and up. In Tennessee, the law may be different, so check with the Clerk of Court they are very helpful and will fill you in with the details. You will probably just need to legally remove the deceased name from the property deed or loan. If the spouse is still living, see a lawyer and have a will or a trust done right away!