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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
2011 Code of Virginia
Title 6.2 FINANCIAL INSTITUTIONS AND SERVICES.
Chapter 22 Motor Vehicle Title Loans (6.2-2200 thru 6.2-2227)
6.2-2217 Limited recourse; repossession and sale of motor vehicle.
VA Code § 6.2-2217 (2001 through Reg Session)
6.2-2217. Limited recourse; repossession and sale of motor vehicle.
A. Except as otherwise provided in subsection E, a licensee taking a security interest in a motor vehicle pursuant to this chapter shall be limited, upon default by the borrower, to seeking repossession of, preparing for sale, and selling the motor vehicle in accordance with Title 8.9A. Unless (i) the licensee, at least 10 days prior to repossessing the motor vehicle securing a title loan, has sent to the borrower, by first class mail, written notice advising the borrower that his title loan is in default and stating that the motor vehicle may be repossessed unless the principal and interest owed under the loan agreement are paid and (ii) the borrower does not pay such principal and interest prior to the date the motor vehicle is repossessed by or at the direction of the licensee, then the licensee shall not collect or charge the costs of repossessing and selling the motor vehicle described in clause (ii) of subsection D of 6.2-2216. A licensee shall not repossess a motor vehicle securing a title loan prior to the date specified in the notice. Except as otherwise provided in subsection E, a licensee shall not seek or obtain a personal money judgment against a borrower for any amount owedunder a loan agreement or any deficiency resulting after the sale of a motor vehicle.
B. At least 15 days prior to the sale of a motor vehicle, a licensee shall (i) notify the borrower of the date and time after which the motor vehicle is subject to sale and (ii) provide the borrower with a written accounting of the principal amount due to the licensee, interest accrued through the date the licensee took possession of the motor vehicle, and any reasonable expenses incurred to date by the licensee in taking possession of, preparing for sale, and selling the motor vehicle. At any time prior to such sale, the licensee shall permit the borrower to redeem the motor vehicle by tendering cash or other good funds instrument for the principal amount due to the licensee, interest accrued through the date the licensee took possession, and any reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.
C. Within 30 days of the licensee's receipt of funds from the sale of a motor vehicle, the borrower is entitled to receive all proceeds from such sale of the motor vehicle in excess of the principal amount due to the licensee, interest accrued through the date the licensee took possession, and the reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.
D. Except in the case of fraud or a voluntary surrender of the motor vehicle, a licensee shall not take possession of a motor vehicle until such time as a borrower is in default under the loan agreement. Except as otherwise provided in this chapter, the repossession and sale of a motor vehicle shall be subject to the provisions of Title 8.9A.
E. Notwithstanding any provision to the contrary, upon default by a borrower, a licensee may seek a personal money judgment against the borrower for any amounts owedunder a loan agreement if the borrower impairs the licensee's security interest by (i) intentionally damaging or destroying the motor vehicle, (ii) intentionally concealing the motor vehicle, (iii) giving the licensee a lien in a motor vehicle that is already encumbered by an undisclosed prior lien, or (iv) subsequently giving a security interest in, or selling, a motor vehicle that secures a title loan to a third party, without the licensee's written consent.
(2010, c. 477, 6.1-497.)
How do you remove lien from vehicles?
Pay the bill to bring the account up to date, including any penalty or advance collection and fee indicated in the default notice. The creditor will then be responsible for releasing the lien once the debt has been paid.
Why was the lien crop system bad bankers?
They often could not collect on debts.
There were times when the loans were not repaid.
In BC, when you sell a house, the lawyer must pay the lien and any other outstanding debts, such as taxes and utilities, before the person selling the house receives any of the money from the sale
Do you have to pay condo fees if condo does not follow guide lines?
Yes.
Apparently, your question implies that using your leverage by not paying your assessments will change the behaviour of the board. This is not a valid assumption.
Read your governing documents to better understand your options.
Your monthly assessments pay the bills for operating the community. The bills may include basic utilities, maintenance and upkeep of the buildings and the grounds, master insurance policy premium payments and contributions to your reserve accounts.
If you don't pay your assessments, your association can pursue you to recover the debt, and may file a lien on your title, deny you services or access to amenities, or as a last resort, sell your unit to recover the money you owe.
Your board is legally liable under the laws of your state to operate your (non-profit) corporation and govern your private democracy according to the guidelines written in your governing documents.
Attend board meetings and be prepared to identify specific sections of your CC&Rs, By-laws and Board Resolutions that your board violates. Then, write a letter to the board pointing out their violation and request that the matter be handed at the next board meeting.
At the subsequent board meeting, request that the board vote to either operate according to the guidelines, or continue to operate in violation of them. Request that the vote be taken and recorded in the minutes.
This way, you'll begin to build a paper trail of the board's violations. Most board members soon realize the gravity of their violations and begin following the guidelines. Otherwise, you can rally similarly affected owners and by way of a vote of owners -- your governing documents state the percentage required -- remove the board and vote new members into the positions.
What is the statute of limitations on a lien placed on a house in the state of Florida?
if its not used for its intended use for a period of 20 years the easement could be deemed vacated. but to clear the issue one should seek from the easement beneficiary a recordable statement subordinating its right to the land.
How can an HOA in Washington state enforce a lien for unpaid assessments?
Read your governing documents to understand the process required, that the board must follow in order to file the lien. Then, understand the steps the association can take afterward.
The final step may be to sell your property to satisfy the debt.
Can a condo maintenance company be fired by the owners?
Read your governing documents and determine under which provision your condominium is being foreclosed.
It isn't the maintenance company doing the foreclosing, it's the association's board of directors, perhaps through the maintenance or management company.
A condominium unit can be foreclosed upon by the association for non-payment of assessments, which owners are legally bound to pay.
What is the meaning of lien balance?
The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.
Also can be said as
Does house lien earn interest?
Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.
Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.
Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.
Generally, yes. Liens generally accrue interest for every day the debt remains unpaid.
If someone owes you money can you put a lien on their car?
Yes you can! There are certain steps you can take, just make sure to follow the laws and regulations of your state.
1. Locate the signed work order of the customer.
2. The customer has a "reasonable" time to pay. You have to wait for the period to expire before you file your claim.
3. Get the proper form which can be located at your state government's website.
4. Send the customer a certified letter stating that repayment couldn't be arrange.
5. If there's no response file the lien where in the county where the car's located. The county clerk can help you with filing.
If the customer doesn't response to the affidavit the court will set a hearing date. If the customer doesn't respond to the court, a lien will be issued.
Best of luck to you.
A lien can be filed without the necessity of a lawsuit judgment only if it pertains to work done on the debtor's property, such as improvement of a structure or repairs on a vehicle. Such liens are referred to as Mechanic Liens.
The party wishing to partake in such action can file in his or her own county and if the lien is found to be valid it will be attached to the property designated even if that property is not located in the same jurisdiction. Such action is known as a "foreign judgment/lien".
Although court clerks can supply the necessary forms and other general information relating to how to file the complaint they cannot assist the person in any other manner. They cannot offer advice or opinion on the matter in question.
No. If the property has always been in wife's name then it cannot be encumbered by a creditor of the husband. However, if the property was recently transferred by the husband and wife to the wife then the creditor may claim the transfer was a fraudulent conveyance and lacking any or significant consideration was made for the purposes of protecting the property from a creditor. A fraudulent conveyance will not protect the property from the husband's debt and may cause further problems.
If the lienholder is out of business how do get a lien release?
Unfortunately for one that needs a lien release from a company no longer in business one will have to obtain a lawyer. The liens from the original holder usually become assets to the companies they owed.
How can you sell house with a child support lien on it?
You must pay off the lien.
A vehicle with a lien on it cannot be vended (sold) legally. There is no way to transfer a title as the motor vehicle folks will know that a hold (the lien) has been placed on it.
Where can you check to see if there are liens on your home?
You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.
You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.
You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.
You visit the land records office in your area and ask the staff to help you research your own property. In some jurisdictions the records are online, however, the average person may have difficulty doing that type of specialized research. It would be best to visit in person and ask the staff to help you check your name in the land records. Any liens will be filed under your name.
How long does the homeowner have before a contractor can file a lien against your home?
It depends on the laws of the jurisdiction in which the homeowner's association is organized.
Another Answer
The time delay depends on why the association wants to file and lien, and against what property title.
When the association wants to cloud the title to a property owned by someone who is in arrears for paying assessments, the time is defined in your governing documents.
Filing a lien, however, is one of the last actions that the association may take. The final action being foreclosure on the home, to sell it in order to collect past due amounts.
Finally, you are best advised to work with your association's association-savvy attorney, to insure that the correct lien for the correct amount is filed properly in order to protect the association.
Where do I go to get a house lien?
You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.
You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.
You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.
You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.
Are VA disability benefits included as income when it pertains to the awarding of child support?
The simple answer to this question yes and no.
Can a judge do anything they want with judicial immunity?
The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.
Is VA Compensation supposed to be used by the court to do child support?
No.
Is VA Compensation the same as disability?
No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.
Is it legal to use VA Compensation for Spousal Support?
No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.
Is it legal for the COURT to use VA Compensation for Child Support?
Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1975 to 1987 the answer is yes.
From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.
38 USC § 211 - 1987
"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."
38 USC § 511 - 1988
"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."
This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.
Is it legal for the Department of Veterans Affairs to divide VA Compensation?
Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.
The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.
When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.
The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
Can you stop a levy in New Jersey?
Yes, a levy can be stopped, no matter it is an IRS levy or state tax levy.
There are several options to stop a tax levy：
- Pay the tax debt in full
- settle a payment plan if you can't afford it
How do you find lien holder on vehicle?
To find the lien holder of a vehicle, the registered owner of the vehicle will have to apply for a duplicate title. The VIN will be necessary to obtain the duplicate title. The lien holder will be listed on the duplicate title.
What is difference between charge and lien?
A lien is a legal document that prevents sale, usually of a property until the debt is satisfied. Charge is an agreement to pay a debt in a specified tied under specified terms.
Can a condo assoc forclose on a unit?
By filing liens against the owner(s) of the unit. If the liens go unpaid, the association can foreclose on the unit and sell it in order to satisfy the liens.
More Detail
Foreclosing a unit to pay any monies owed to the association is usually a last step in a process that begins with the association notifying the owner(s) that monies are owed.
Owner(s) ignore these initial notices at their peril.
Can a person place a lien on their own property to protect it from creditors?
No, such an action is not possible, and even if it were it would not protect the person's property from creditor action. Personal and real property belonging to a debtor are protected from creditor attachment to the extent provided by the laws of the debtor's state. The exemptions that can be used to protect specific property against a judgment creditor are the same ones that are used when filing bankruptcy and in certain circumstances federal non-bankruptcy exemptions can be used as well.
If you owe back child support can you get a home loan?
Yes! my husband owed over 20K in arrears to the State he however has good credit (hard to believe but true) and has a good employement history. He qualified for a FHA loan and we closed on our first home last year. Throughout the loan process you will be discouraged and sometime denied because of the arrear on your credit but it all depends on who your broker is. I would not go straight to a big bank and apply for a loan but if you are current on your cs payments and owe arrears but have good credit and a decent debt to income ratio if it worked for us then it will work for you...We live in California.
Another PerspectiveA custodial parent who is owed arrears should follow through with Child Support Enforcement and obtain a Child Support Lien that can be recorded in the land records. Once the lien has been recorded a lender will require the arrears be paid off by the obligor and the lien released before it will loan mortgage funds. The laws may vary from state to state.
Can a towing company auction a vehicle without notice?
only if they have a lien on the the title for any service that you have not paid for. its called a mechanics lien.
Even if they have a mechanics lien, they still have to notify the registered owner via certified mail, and give them a chance to pay the bill. You can't just get a title or magistrate's bill of sale without proof that you have done everything possible to contact the owner first. The owner has 30 days to contact the person that has the vehicle. If they don't, then the vehicle can be sold at a magistrates auction and will be given a title for the vehicle.
