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By consulting an attorney, you can ensure that you follow all necessary procedures under your state's laws in order to place a legally binding lien on a debtor's property, or to have a lien released from your property if you are eligible to do so.
By placing a lien against the property, the contractor is attempting to secure payment of the unpaid services by using the property itself. For assistance with filing and releasing liens, it is always best to contact an attorney who is experienced in real estate law and/or creditor-debtor laws.
In some cases, property owners place voluntary liens on their property, such as mortgage liens. By pledging their real estate as collateral for the mortgage loan, homeowners are able to secure the funds that they need for home improvement, debt consolidation, or other purposes.
A local real estate attorney can talk through the situation with you, research the public records regarding the property, and give you the best advice on how this affects your property and the best way to move forward.
The most obvious way to release a lien is for the debtor to pay the debt in full. Once the judgment, debt, or other financial obligation is paid by...
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For assistance with filing and releasing liens, it is always best to contact an attorney who is experienced in real estate law and/or creditor-debt...
If a lien has been placed on your real estate due to a disputed debt, you should immediately contact an attorney for assistance in disputing and/or releasing the debt from your real estate. It is only by dealing with the underlying debt that you will be able to have the lien released, and any disputed debt may involve complex litigation that necessitate an attorney's assistance.
First, if you satisfy the lien by paying the underlying debt in full, the creditor must execute a lien release that removed the lien from your property. Second, if a certain length of time passes, the lien will expire, and be automatically discharged or released.
First, if you satisfy the lien by paying the underlying debt in full, the creditor must execute a lien release that removed the lien from your property. Second, if a certain length of time passes, the lien will expire, and be automatically discharged or released. The exact length of time required for a lien to expire varies depending on the type of lien and the law of the state that applies to the lien.
Therefore, it is only by disputing the claim that gave rise to the potential lien that you can dispute the lien.
Trespassing occurs when a person enters another person’s land or real property unlawfully and without their permission. Trespassing can also involve other issues, such as interfering with another’s ability to use their property, or when a person remains on property without permission.
These types of property can generate income for the owner, but they can also be subject to unauthorized use, theft, and infringement issues; Business Property: Business or commercial property is property that is owned by a business or a company.
In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.
For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.
Tangible personal property includes items that can be physically handled, like jewelry, clothes, electronics, etc. Intangible property are assets that can’t be handled, like stocks or bank account amounts . So, as you can see, there will be major differences with regard to laws covering real and personal property.
In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.
Real property is defined as land, as well as anything that is affixed to, growing on, or built on that plot of land. It therefore includes man-made structures and buildings as well as crops, plants, and even oil, gases, and minerals that may be found under the ground.
A property lien is a security interest in a piece of real estate that secures the payment of a lawful debt. A mortgage that is filed by the lender of money to purchase the property is the most common type of property lien, but it’s not the only type. When the owner mortgages the property to secure a debt, or gives a security interest in the property to a lender when purchasing a vehicle, consolidating debt ,or financing property improvements, the lien is placed on the property with the consent of the owner.
Property law applies to both real estate, or real property, and personal property. Property laws deal with things like property rights, contractual rights, personal rights, possession of property, transfer of property, getting priority of ownership defined by the courts, and leases. If you have specific questions about property, real or personal, tangible or intangible, it is best to consult with a lawyer to determine your rights under the law.
Discuss your specific situation in detail.#N#3. Be sure to tell your attorney whether or not there are contracts, bankruptcies, or others claiming a right to the property involved .#N#4. If the property is not in your possession, be sure to let the attorney know that the property is someone else’s possession.
If someone owes you money and you have proper documentation to prove it, you can go to court to get a judgment. Once the judgment is filed, you can get a certified copy which will be used in filing a property lien against the property owned by the debtor.
Intellectual property law covers patents, copyrights, trademarks and trade secrets. Intellectual property includes art, literature, music, ideas, inventions, discoveries, and so forth. The creator of intellectual property has certain rights with respect to their property, whether or not it is created for commercial use, and whether or not it is registered as a patent, copyright, trademark or trade secret.
On occasion, there may be a conflict between one person’s property rights and another person’s personal rights. Property rights can interfere with personal rights; therefore, it is necessary to get a property law attorney to analyze your circumstances according to the various laws that may apply to the situation.
For instance, if the owner dies, the property can be transferred. The law also makes it possible to transfer rights of ownership in case of a bankruptcy or a judgment issued by the court. In such an instance, the owner may not consent to transfer the property, but the law makes it possible for the transfer to happen without the consent of the owner. If you believe that someone is trying to take your property without your consent, a property rights lawyer may be able to help you.
A lien is a claim against property made by someone in order to secure payment of a debt. The lien essentially makes the property collateral against monies or services owed to the other person or entity.
Involuntary liens tend to be peskier, because they weren't created by the homeowner.
Types of Real Estate Liens. There are two main types of real estate liens: voluntary liens and involuntary liens. Voluntary liens are created by a contract between the creditor and the debtor. The most common type is a mortgage, which is essentially a bank loan that is secured by the property itself. Banks give homebuyers sums of money in exchange ...
If property is transferred without the lien being paid off, it remains on the property. Thus, in transfers between relatives, the new owner may be willing to take title to property that already has liens encumbering it.
Tax liens are imposed by the federal, state, or local government based upon back property taxes that are due and owing against a particular parcel. Not only can these seriously impact your credit report, but until they're paid off, they hamper your ability to sell the property.
If you are planning on selling property that has a lien on it, it is unlikely that the sale will close unless the debt is taken care of. A buyer will expect liens to be paid to allow for a transfer of clear title.
Construction liens are usually the result of unpaid renovations conducted on your property. As an example, imagine that you hire a contractor to re-landscape your backyard. You give the general contractor a sum of money to complete the job, which might include planting, installing a pool, and constructing a fence.
Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);
Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.
Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.
Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.
A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...
Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.
Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.
I agree with both counsel. However, even if the lien was not timely filed, per the state statute, you would still need an attorney to file the appropriate petition to have the lien extinguished and removed. If a lien was recorded, then I would recommend you contact a local attorney whose practice is concentrated in construction law.
I agree with my colleague, but you also may want to check local laws. The lien may expire worthless if the landscaping company doesn't take action within a certain period of time. Best of luck.
You should talk to an attorney. The only way to remove the lien is to go to court. The lien is probably not valid, and you can get your attorney's fees paid if the attorney successfully removes the lien. More
Tax attorneys are experts on all issues pertaining to federal and applicable state taxes. These individuals are familiar, and trained to deal with agents of the IRS. Tax lien attorneys will first and foremost offer you a detailed understanding of the tax lien process. At that point, they will be able to help you develop a quality strategy, enabling you to work through the process, or possibly avoid it altogether. There are other courses of action in which a tax lien attorneys may be able to negotiate payment, and help you avoid the lien on your assets while you're paying back taxes.
Fortunately, a tax lien can't be levied without your knowing, and that gives you time to prepare a solid plan with a qualified tax lien attorney. When the IRS becomes involved in your personal or business affairs, you should immediately lean on the counsel of a knowledgeable tax attorney.