When an association owns a property, it can rent the property. In this case, the association probably doesn't own the property, else why has a lien been filed.
The property owner's title is clouded by the lien, and the property is still owned by the owner.
The association may want to work with the owner to rent the property, to produce an income stream. The final decision, however, remains with the property owner.
Yes.
You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.You need to sue for back rent and if you are successful you can request a judgment lien. The lien can be filed against the property.
Sure, just ask the mechanic not to lein on it.
Yes, no matter if your lease states it or not, the landlord can legally do this if you're behind on rent.
The right of lien is a legal claim or right that allows a creditor to retain possession of a debtor's property until a debt owed by the debtor is satisfied. Common examples include a mechanic's lien, where a mechanic can retain a vehicle until the repair costs are paid, and a landlord’s lien, where a landlord may retain a tenant's personal property for unpaid rent. Additionally, a bank may have a lien on a mortgaged property, allowing it to reclaim the property in case of default on the loan.
Normally, you can’t rent out a shared ownership property without permission. These homes are for you to live in, not to rent to other people. But if your situation changes, you can ask the housing company, and they might say yes sometimes.
Take them to small claims court. A lien would be against yourself since you own the property.
Not necessarily. A lien is for a debt which is secured by the property. It might be for a loan the owner got, or it might be for work done by a contractor who wasn't paid (mechanic's lien). If the debt is in default, then the property might be subject to being sold to raise money to cover the debt (the property owner would keep any proceeds over the amount of the lien). Or, the lien may simply lie dormant until the owner wants to sell, and hinder the sale until it is satisfied. In Texas, if the home is your Homestead. It cannot be taken from you whether or not you have a lien unless that lien is a Mortgage lien or property tax lien. If it is a Mechanic's Lien, meaning that there was work done on the property and the debt is unpaid, that person may file a lien of the property. In this case, if and only if you are selling the property, must the lien be satisfied. In some cases the person who performed work on the property my sue for the balance which may result in your having to sell the property to satisfy the lien. When you close on the property at a Title Company, all liens are paid before clear title can be transferred. In either of the aforementioned scenarios the lien will be satisfied. In general, the homestead of an individual is safe from any creditor unless it is for mortgage default or for failure to property taxes of any kind which in some cases also includes Home Owner Association dues.
If you are renting the property from someone else and do not own it, no, because a home equity loan is like a mortgage. The lender has a lien on the property if you default on the loan. If you are the owner of a property and rent it out, yes you should be able to get a loan with the property as security.
As long as the landlord is in legal possession/ownership of the property and as long as you are residing on/in his property, yes. His notice of default has no legal effect of putting a "stay" on your payment of rent.
Generally, no. The possession of someone else's property for a debt is a "pledge" or "security agreement" that goes well beyond the mere obligation to pay rent. In other words, the tenant must AGREE to allow the landlord to have a security interest in the tenant's property. However, if the landlord has accrued moving and storage fees for the tenant's property, the landlord often has an automatic "lien" on the property for payment of those expenses, but not the overdue rent. When the landlord perfects the lien, holds a public auction and sells the tenant's property, the landlord can usually only keep the amount of profit (if any) that covers the expenses, unless there is also a court order that the tenant owes other rent, penalties, fees, interest, costs, etc.
That will depend on what the lien is for. In most cases, paying the rent does nothing to liquidate the debt. If the lein is for the rent, then yes, it should reduce the amount, as long as the current rent is being paid.