You file a "mechanic's lien" on the property at the courthouse where the property is located. Then, when the property is sold, and abstractor's office does a "search" of the property(looking for liens, etc) the unpaid debt will show and will at that time be addressed for payment prior to closing. All properties must be "free & clear" of all liens before transfer of title can happen. You file a "mechanic's lien" on the property at the courthouse where the property is located. Then, when the property is sold, and abstractor's office does a "search" of the property(looking for liens, etc) the unpaid debt will show and will at that time be addressed for payment prior to closing. All properties must be "free & clear" of all liens before transfer of title can happen.
Not legally.
In most states no. Check with you state Attorney General.
The existence of a will has no bearing on whether or not they can place a lien. If they have a legitimate debt and a judgment, or an agreement in the loan regarding a lien, they can place the lien on the property or the estate.
A statement that describes a lien is that it is a claim put on someone's property (i.e.: a vehicle, real estate, construction) in order to secure the payment of a debt. A lien can also be ordered by a judge for nonpayment of a debt. This lien will affect any property owned by the debtor if the debt is not paid.
Yes, it is irrelevant how the property was purchased. If it is titled in the judgment debtor's name a lien can be placed on the property. The exception could be if the judgment debtor is married and does not live in a community property state and the spouse is not a co-judgment debtor.
If the creditors sue you for unpaid balance they can put a lien on your home if it is in your name.
Yes--if a lien has been filed and remains unpaid and/or unchallenged in legal proceedings.
Yes, it could. The property would be considered a part of his estate. A lien could be put against it.
Unless the collection agency is an assignee for a firm who provided labor or materials for your real property, they cannot place a lien against your home. They can, however, obtain a judgment, which will act as a lien against your home. They cannot foreclose on your home unless the debt is secured to a mortgage or deed of trust.
You must petition the court for a judgment on an unpaid debt. If you are successful the court will issue a judgment that will empower you to sieze any property to satisfy the debt. In Massachusetts the sheriff has the authority to enforce the judgment.
Your association placed a lien on your property based on your failure to pay your assessments. The easiest way for you to clear the lien is to pay the debt you owe and ask the association to release the lien. (Assessments pay for the maintenance of the property that you own together with all the other owners in the association. You agreed to pay assessments when you purchased your property.) Your board has attempted to collect your unpaid assessments, and is chartered by your governing documents to collect this debt. The lien clouds the title to your property, so you will have trouble selling it without paying the debt and authorizing the association to release the lien. A clouded title can become problematic should you desire to refinance your home, take out another mortgage on it or otherwise use your title as collateral. In addition, a lien against your property will probably appear on your credit report. Some associations can also foreclose on your property and sell it to satisfy the debt that you owe. Your governing documents will clarify where in the collection process, filing a lien might be positioned.
Yes. If the creditor wins a lawsuit against the debtor a judgment is entered in favor of the creditor. A judgment can be executed against any non-exempt property belonging to the debtor including but not limited to the placing of a lien against real property. In most situations a lien is possible regardless of the status of ownership of the property, with the exception being marital property held under TBE laws.