A lien is a legal judgment placed against a property. If you are behind on your taxes, the government can place a lien on your home. Consequently, a home that has a lien can’t be sold until the lien is cleared. Other reasons for a lien include; losing a case involving money in court, a contractor who does not receive payment from working on your home can also file a lien, among many others.
A Voluntary Lien is created through a contract between the creditor and the debtor. Among the most common is a mortgage, which is a bank loan that is secured by the property. Banks give home buyers an amount of money in exchange for their promise to pay back that amount, including interest and other costs, over a specified period of time.
The bank will retain legal ownership of the property until the amount of the loan is paid in full. The terms of a Voluntary lien are generally easy to define since you most likely agreed to them.
Involuntary Liens are a little more difficult since they were not formed by the homeowner. Most involuntary liens tend to be tax liens or construction liens.
Less common involuntary liens include judgment liens, put in place to secure payment of a court judgment and child support liens, meant to recover unpaid child support. Before these liens can be imposed on the homeowner, they have to be approved by the court.
A lien is often removed by paying the balance owed or creating a payment plan with your debtor. There are circumstances where a lien has been improperly placed and it can be easily removed by a judge. These situations include a lien-holder failing to provide proper notification of the judgment, improperly citing the amount, omitting the property description, or passing a deadline.
A lien is typically released in one of two ways; First, you can satisfy the lien by paying the outstanding debt in full, then the creditor must remove the lien from your property. Second, the lien can expire if a certain amount of time passes and it will be automatically released. The exact time required for a lien to expire will vary- depending on your state laws and the type of lien in place.
Our experienced attorneys with examine your lien and review all documents pertaining to your case. We provide assistance with state tax liens, construction liens, federal tax liens, contractor liens, judgment liens, and any other liens that pertain to real estate property. It is our top priority to give the legal advice needed for the best possible outcome.
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