lawyer who handles property liens

Who can legally place a lien on my property?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-13_09-33-18. Liens on real estate are claims against property that are made in order to secure payment of a debt. If a person who owes a debt, often called a debtor, owes money to another person or entity, commonly called a creditor, then the creditor may place a lien on the debtor's ...

How do you file a lien on property?

Rely on Tax Liens Attorneys 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 …

How do I search for a lien on a property?

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 ...

Do I need a lawyer to file a lien?

A lien is a type of claim against property made by someone as a means of securing payment of a debt. The lien essentially makes the property collateral against monies or services owed to the other person or entity. That means that if the recipient of the loan is unable to repay it, the lender can look to the collateral as a source for payment ...

What is the most common lien on personal property?

A title lien is probably the most common type of lien on personal property, used when someone borrows money to purchase a car. The lender has a lien on the title, and can repossess and sell the vehicle to recover the money owed.Jun 26, 2020

Can you sell a house with a lien on it in Illinois?

A lien is a claim to your property because you owe a debt. A creditor may put a lien on your home to ensure you pay back your debt, and if you do not, the creditor could take your home as payment. If you have a lien on your home, you cannot sell it without paying off the debt tied to the lien.

Who can file a lien on property in Florida?

In Florida, according to Florida Statutes 55.10, anyone who properly files a lien can put a lien on your house. The person or entity filing the lien, whether via a judgment, order or decree, must file an affidavit.

How do you put a lien on a property in Texas?

To attach the lien, the creditor files the judgment with the county clerk in any Texas county where the debtor has real estate now (a home, land, etc.) or may have real estate in the future.

How long does a lien stay on your property in Illinois?

seven yearsHow long does a judgment lien last in Illinois? A judgment lien in Illinois will remain attached to the debtor's property (even if the property changes hands) for seven years.

Who can put a lien on a property?

Real Property Liens Once a person's property is discovered, a judgment creditor can take action toward the property. He or she can place lien against the real property that the debtor owns. Some states will automatically impose a lien on the judgment debtor's property once the judgment is secured.

How do I dispute a lien against my property in Florida?

Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.May 15, 2017

How do I get rid of a lien on my property in Florida?

If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.Jan 17, 2018

How much does it cost to file a lien on a property in Florida?

Filing your own lien in Florida has varying costs. Depending on the supporting documentation and length of your lien paperwork, it can cost as little as $10 for the first page and an additional $8.50 for each additional page. Find your local county recorder to view specific filing fees in each location.Oct 28, 2020

How long do liens last in Texas?

ten yearsJudgment liens in Texas expire after ten years, as do federal tax liens, and both stay attached to the property even it if changes owners. A mortgage lien remains valid on a property until the debt is paid in full. Also, many liens may be renewed before they expire.

How do I check for liens in Texas?

Announcements and Important Information To check department records for tax liens, you may view homeownership records online or call our office at 1-800-500-7074, ext. 64471. Please be prepared to provide the complete serial number and HUD Label or Texas Seal number of the home.

What happens if you lose a lawsuit and can't pay in Texas?

If you are sued and can't pay, the creditor can get a judgment in court against you for the money you owe, plus interest. Being “judgment proof” means that your property and income can't be seized by creditors, because it is “exempt” by law from the creditor's claims.Feb 26, 2022

What is tax attorney?

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.

Can a tax lien be levied without your knowledge?

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.

What is a lien in Tampa?

Tampa Property Lien Lawyer. A lien is a security interest that attaches to a piece of property. While the lien is in place, the property owner won’t be able to sell the property with a free and clear title. Lienholders can wait patiently until the property is sold and then collect their debt.

What is a mechanic's lien?

When a homeowner hires a contractor to perform work on the home, such as repairs or renovations, the contractor might place what is known as a mechanic’s lien or materialman’s lien on the property to ensure that the contractor gets paid for the work performed and materials used.

What is a mortgage in a deed?

The mortgage is a type of lien. It is a security interest held by the bank that is recorded at the County Clerk’s office along with the deed so that anybody conducting a title search will know the property is encumbered with a mortgage. The homeowner doesn’t own the home free and clear until the mortgage is paid off.

Can a lien be attached to property?

Liens can also be attached to property against the wishes of the property owner. For instance, any party who wins a lawsuit for money damages becomes a judgment creditor, and one of the ways a judgment creditor can satisfy the judgment is by attaching a lien to the judgment debtor’s property.

Can the government put a lien on a property?

The government can also put a lien on property for unpaid taxes. This might be the state or county government attaching a lien for unpaid property taxes, or the IRS can impose a lien for other taxes as well. The government can foreclose on a property and sell it for back taxes.

Do tax liens take priority in Florida?

For instance, tax liens might take priority over other liens that were previously recorded. Also, Homeowner Associations and Condominium Associations might get a lien for delinquent assessments, and these “super liens” can take a higher priority under Florida law.

Can a home have multiple liens?

It is not uncommon for a property to be encumbered with multiple liens, such as a first mortgage, second mortgage, and home equity line of credit (HELOC or third mortgage). When the property gets sold, either voluntarily or through a forced sale or foreclosure, the creditors get paid before the seller does.

What to do if you have a lien on your property?

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.

What happens if you pay a lien on your property?

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.

How to get a lien 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.

Can you dispute a mechanic's lien?

Therefore, it is only by disputing the claim that gave rise to the potential lien that you can dispute the lien.

What is a lien on a property?

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.

Why are involuntary liens peskier?

Involuntary liens tend to be peskier, because they weren't created by the homeowner.

What are the different types of real estate liens?

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 ...

What happens if a property is transferred without a lien?

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.

What is a tax lien?

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.

What happens if you sell a property with a lien?

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.

What is a construction lien?

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.

Robert Allen Shipley

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.

Cheryl Rivera Smith

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.

Scott Louis Peterson

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

What is a lien on a property?

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.

What is property law?

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.

How to tell if a property is in your possession?

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.

What to do if someone owes you money?

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.

What is intellectual property?

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.

Can property rights interfere with personal rights?

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.

Can you transfer property without the owner's consent?

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.

Who can be involved in a property dispute?

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);

What are the remedies for property disputes?

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.

How to resolve a dispute with a neighbor?

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.

What are the responsibilities of a HOA?

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.

What is a property dispute?

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, ...

How to resolve boundary disputes?

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.

What is eminent domain?

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.

What can a property lawyer do for a lien discharge?

A qualified property lawyer will be able to review any relevant real estate documents, can help you prepare any paperwork that is necessary for a lien discharge, and can make sure that they are properly recorded in accordance with the laws of your particular state . Jaclyn started at LegalMatch in October 2019.

Why do landowners have a lien on their property?

The lien also serves as a way to ensure that the landowner repays the debt owed. If the landowner does not repay the creditor the money that they borrowed, then the creditor can use the lien to take possession of the property.

What happens if a landowner is unable to pay their mortgage?

If a landowner is unable to keep up with their monthly mortgage payments, then the property lien will provide a way for the creditor to secure repayment. The creditor or lender will be allowed to start the foreclosure process and they can sell the property to the highest bidder in order to recoup the repayments.

What is a lien on a property?

A property lien is a legal claim that is brought by a creditor against a tract of land or real estate property. The lien gets attached to the property to indicate to others that the landowner or property holder owes money to a creditor. Once the lien is attached, it is generally filed with the county records department of where ...

What is the most common type of lien on a property?

The most common type of property lien is a mortgage lien. Regardless of the type of lien placed on the property, all liens are considered legal documents that are enforceable in a court of law.

How can a lien be discharged?

One other way that a property lien can be discharged is through a court order. A judge may order that a property lien be discharged. For example, depending on the type of bankruptcy proceeding, a bankruptcy judge may order that the bankrupt landowner’s lien be discharged.

Where is a lien filed?

Once the lien is attached, it is generally filed with the county records department of where the property is located and thus becomes a public record that puts everyone on notice of the landowner’s debt. The debt that the landowner owes the creditor is usually incurred at the time that the property is purchased.

The Home Mortgage – A Voluntary Lien

Judgments and Involuntary Liens

Some Liens Take Priority Over Others

Help with Liens and Property Issues in Tampa

• For help with liens and property issues in Tampa, contact Seward Law Office at 813-252-6789to speak with a skilled, knowledgeable and experienced real estate attorney.

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