why do you need a lawyer to put a lien house

If you’ve had trouble getting payment from a debtor, even after retaining the services of a debt collection agency or debt collection attorney, you may be able to place a lien on your debtor’s real property. Of course, getting a lien can be time consuming and different states have different laws regarding the placement of liens.

Full Answer

Do I need an attorney to place a lien on my property?

This has to be the county where the property owner lives. Before attempting to place a lien on anyone's property, it's important to hire a lawyer. Placing a lien on property can be extremely complicated depending on the requirements. Thus, a lawyer can help you obtain a lien against someone's property.

Why do people put a lien on their property?

Mar 07, 2014 · You do not need a lawyer to put a lien on someone's property but you will likely be held to the legal standard of meeting all of the legal requirements you need to seek such a lien. It would therefore be a good idea for you to seek the assistance of experienced legal counsel.

Can a contractor Place a lien on a property?

If you’ve had trouble getting payment from a debtor, even after retaining the services of a debt collection agency or debt collection attorney, you may be able to place a lien on your debtor’s real property. Of course, getting a lien can be time consuming and different states have different laws regarding the placement of liens.

Can a lien be attached to property for unpaid debts?

Talk to a Lawyer If you're worried that a lien has been involuntarily placed on your home, consider talking to a real estate or foreclosure attorney to learn about your rights and options, including ways to potentially settle the debt or fight the lien if it's invalid. A debt settlement lawyer might also be able to help you.

Sandra A Kuhn Esq

You do not need a lawyer to put a lien on someone's property but you will likely be held to the legal standard of meeting all of the legal requirements you need to seek such a lien. It would therefore be a good idea for you to seek the assistance of experienced legal counsel.#N#More

Daniel James Goeman

Generally you do not need a lawyer to place a lien on someone's property. However, you should check your local laws. In some states, if you place a lien on someone's property without cause, you can be sued by that person for slander of title. Good luck.#N#More

Dorothy G Bunce

Do you have a contractor's license? If so, your governing board may have the forms you can fill out to record to create a contractor's lien. This area of the law varies widely from state to state, so a consultation with a local lawyer could prove very helpful to make sure you don't make any mistakes and that you can get paid.

Kati M. Amarantes

Did you have a contract? You should most certainly contact an attorney. You may be able to place a mechanics lien, but there are very specific rules regarding this. Most attorneys wil offer you a free consultation, it is worth your while to contact one.#N#Good Luck,

What is a judgement lien?

Like a mechanic’s lien, a Judgement Lien can give a creditor the right to take possession of a debtor’s property. But unlike a Mechanic’s Lien, a judgement lien is not for any particular work performed. Instead, it’s filed when a creditor hasn’t been paid for other circumstances not covered under the definition of a mechanic’s lien.

What is a mechanic's lien?

Mechanic’s Lien. The most common type of lien is what’s usually referred to as a Mechanic’s Lien. Sometimes called “construction liens,” “laborer liens,” or “artisan’s liens,” they are filed by contractors, subcontractors, or construction firms.

Can a contractor file a mechanic lien?

But the property owner either pays the contractor a fraction of the agreed upon price or does not pay at all. At this point, the contractor can file a Mechanic’s Lien. Generally, this means that the contractor files in the county in which the work took place. Attached to the filing is a bill for the work completed.

Is Rocket Lawyer a substitute for an attorney?

Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer. Rocket Lawyer On Call® Attorneys.

What is a lien on a property?

A "lien" is a notice that attaches to your property, telling the world that a creditor claims you owe it some money. A lien is typically a public record. It is generally filed with a county records office (for real property) or with a state agency, such as the secretary of state (boats, mobile homes, office equipment, and the like).

What happens if you take out a loan to buy a house?

If you take out a loan to buy a house, the lender conducts a title search before giving you the loan money to see if the property has clear title. If the property has clear title, you'll likely sign a mortgage or deed of trust (or similar document) to provide security for the debt.

What is the first in time first in right rule?

But as with most legal rules, the "first in time, first in right" rule has exceptions. When it comes to real estate, depending on state law, some liens, such as property tax liens, mechanic's liens, and homeowners' association and condominium association assessment liens, get priority over previously recorded liens.

Can a home have more than one lien?

Properties, like residential homes, are often subject to more than one lien. Certain liens, including mortgage liens, are voluntary, which means the homeowner chooses to put the lien on the property. Other liens, however, like homeowners' association liens, property tax liens, judgment liens, and mechanic's liens, are involuntary.

Do tax liens go to a tax sale?

Property tax liens are superior to almost all other types of liens, even mortgage liens. So, if you or your loan servicer don't pay the taxes on your home, the property might go to a tax sale. If a tax sale occurs, both you and the lender could lose your interest in the property. Because tax sales eliminate mortgage liens, loan servicers usually pay property taxes when a homeowner doesn't.

What is a first mortgage?

The lender will then record the mortgage, which is called a first mortgage, in the public land records to put a lien on the property. If you then take out another loan, like a home equity line of credit, from a different lender, the second lender will record it and get a second lien on the property.

Can a contractor file a mechanic's lien on a home?

If you hire someone to work on your home, like to install a new roof or complete another kind of major renovation, the contractor could file a mechanic's lien on the property if you don't pay them for their work. This type of lien is also superior to a first-lien mortgage.

What to do if a contractor's lien is filed against my home?

If a contractor's lien has been filed against your home, your best course of action is to either pay the amount (if valid) or negotiate a longterm payment plan. But if you're not sure whether it's valid or need additional legal advice, it may be a good idea to speak with a real estate attorney .

What is a contractor's lien?

A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid. A supplier of materials delivered to the job may also file a mechanic's lien.

Can a contractor file a lien without notification?

In some states, contractors and subcontractors must notify the property owner prior to filing a lien, but in other states such liens can be filed without any notification to the owner. Lien claimants who are contractors or subcontractors are protected under this legal doctrine because all their materials and labor are "buried" in the real estate, having become part of it. Unlike mortgage liens, however, the liens of these claimants cannot force a foreclosure.