Liens

Florida is a lien theory state. You are the title holder of any property you purchase and your deed must be recorded in the land records. If you borrow money to purchase the property you must sign a note and mortgage. The lender will record the mortgage and it will become a lien on the property. If you default on the mortgage the lender may foreclose through a court action and have the property sold by the court.

If the judgment lien was awarded TO you then you can choose to not enforce it. Do not hand it over to the sheriff for recording in the land records. Do not have it served on the debtor. If it has been recorded you can ask the court how you can record a proper release. In Massachusetts the execution can be returned to the court as "Satisfied in Full" and then the "Satisfied" copy certified by the court will act as a release once you record it.

Trying to do something without a lawyer, eh? You have to file an affidavit or other document with the court that issued the judgment saying the judgment has not been satisfied, probably also an affidavit that the judgment debtor is not on active duty in the armed forces, and ask for an execution or similarly-named document. The execution is then given to (depending on your state law) to a sheriff, deputy sheriff, constable or person designated by the court on your motion, who records it in the registry of deeds (or whatever it is called in your state). You have to research the book and page number of the deed so it can be referenced on the deed record.

If most cases, the answer is no. However, it depends on the type of lien in involved. In California for example, there are laws that allow a contractor to file a mechanic's lien against property if the contractor has not been paid for work done on the property. However, the lien becomes null & void if the contractor does not file a lawsuit within 90 days after the lien was recorded.

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.

After due process of state law is followed, a creditor can place a lien against nonexempt property owned by the debtor(s). Basically the creditor/collector must file a lawsuit in the debtor's state, win the suit, be granted a writ of judgment and execute the judgment. A judgment can be used as a property lien, or wage garnisment, bank account levy and other such actions allowed under state statutes. The debtor is entitled to exempt property that is specified under the laws of the state. The most important being the homestead exemption, the Kentucky homestead exemption at present is $15,000 but will increase to $18,450 on June 20, 2005. The exemption does not need to be filed by the homeowner it is covered under state statutes.

es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.

es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.

es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.

es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.

YEP!

Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon.

If you owe the attorney a fee you should try to work out a payments plan and make the payments regularly. Be sure to make it a plan you can live with. Most attorneys would rather work things out with their clients than sue them. Just like everyone else they just wanted to get paid for the work they've done.

Most states have a system for attorney fee disputes to be resolved through some form of mediation or arbitration. If you are contesting the fees, you should contact your local bar association to find out how to mediate your dispute.

The recording of the actual lien document will always remain in the public records. If you paid the tax, you should demand the filing of a release of lien. The negative entry on your credit should drop off 7 years after the release is filed.

It varies from jurisdiction to jurisdiction, but normally (a) you need a court order, and (b) you need to establish a risk that the personal representatives will dissipate the assets without paying what is owed to you.

Technically a forced sale of property for debt in most states is legally possible, the reality is it is a very occurrance. All states have homestead exemptions which are to be used to protect a primary residence from a forced sale by creditors. It is very important for the homeowner to know if their property is automatically protected by state law or if they are required to file a declaration of homestead with the county property recorder's office. Creditors are extremely reluctant to use a forced sale of a home to collect debt owed. The procedure is complicated, time consuming and seldom garners enough money for repayment of the debt. In addition, most state laws have loopholes that can be used to prevent such action, and a few states have laws that forbid the forced sale of a primary residence by a judgment creditor.

Yes. The person owed would need to file and win a lawsuit to receive a judgment against the debtor. The judgment could then be enforced as a lien against nonexempt property owned by the debtor or in some cases even that which is jointly owned. The court does not accept the inability to repay a debt due to illness, job loss, etc. as a valid defense. Some judges will order a plaintiff and defendant to try to reach a equitable agreement before a judgment is entered against the defendant.

== == == == By example, if the debt is owed ONLY by one spouse, and the real property is owned jointly by a husband and wife (or married couple under some state laws), look to your state law to see if a creditor is precluded from foreclosing on the lien obtained via judgment on the real property and personal property, as the property may be held as tenets by the entireties and thus protected from execution.

Further, upon sale of the real property, if the proceeds are held by a husband and wife, and the judgment is only against one spouse, check again with your state law to see if the proceeds are exempt. Further, as to your home, even if you are single or married, in a state like Florida, look to your state law, to see if your primary home is protected from lien foreclosure by homestead laws. The above may be complicated by and inapplicable if the loan was secured by a recorded note and mortgage which is validly applicable to the home. Because the state law implicated in your question is not identified and there are not enough facts laid out, what follows are GENERAL thoughts only. Your best course of action is to seek legal advice from a licensed attorney in your state if you are in the USA.

The above is a general only and is not provided as legal advice that anyone should rely upon for any purpose.

Best of luck to you.

I usually keep it for 3 months and place an advertisement in the local paper [keep copy for legal reasons] Then after 3 months sell it to refray expenses. Include this as a clause in any future lease agreements.

A general tax lien filed with the state lien recording office will not automatically affect your bank accounts. The taxing authority must deliver the lien to the bank to effect the levy on the account according to the terms of the lien.

The first step is to determine ownership under the laws of the state where the property is located. Ownership rights are determined by the way the title to the property is titled. If the property is held as Joint Tenancy or Joint Tenants With Rights To Survivorship (JTWRS) the propert passes directly to the other owner(s) and is not subject to probate action; if it is held as Tenants-In-Common the share of the property belonging to the deceased is determined by and subject to probate procedure.

According to Marxist thought, the word bourgeoisie was used for the rich class of property owners that exploited the working class. Karl Marx was a socialist and economist who lived from 1818 to 1883.

Yes. Property liens enable a judgment creditor to encumber your property so that it cannot be sold or mortgaged until the lien is paid off. Once the lien is issued by the court it begins to accrue interest and it will grow. In Massachusetts the rate is 12%. Judgment liens are one of the ways creditors "secure" their collecting of a debt. Creditors utilize other means such as bank account levy and wage garnishment but if the debtor owns real property recorded attachments and executions can be extremely effective and are extremely common.

A creditor does not legally have to accept any payment amount except that which is stated in the contract/lending agreement. Also when accepting a lesser payment the creditor is still not barred from using other methods including litigation to collect the debt. Evem of the debtor is making payments on the account the creditor can still file suit for the debt and if granted a judgment in most cases use it as a lien against the debtor's property. Because litigation is expensive and time consuming most creditors (not all) will try to work with the debtor. The debtor should contact the creditor to attempt to make other payment arrangements, not take it upon themselves to simply pay what they can afford.

After the lender gets a judgment they can garnish your wages but they cannot getyour house unless you used it as collateral for the car loan.