Most people are familiar with the concept of a lien but may not fully understand how it works. A lien is a legal security interest held by one party over another’s property, such as real estate or an automobile.
Filing a lien can be a complicated and time-consuming process; therefore, it’s essential for individuals who wish to file a lien to seek guidance from an attorney experienced with liens. This guide will provide an overview of liens and discuss why hiring an attorney is essential when filing a lien.
A lien is a legal claim or right to an asset, such as land, property, or money. It gives the lien holder rights over that asset until they are paid what the debtor owes them. For example, if an individual owes money to a creditor, the creditor may file a lien on their property as security.
Liens are most commonly used in cases where one party owes another money, and they need to secure the debt by attaching it to an asset owned by the debtor. In other words, if a person owes someone money and doesn’t pay them back, they can legally place a lien on the debtor’s assets – like a car or house – so that if the debtor ever tries to sell those assets before paying what they owe, the lien holder will get their money first.
Liens work by putting power into the hands of the lien holder. The process of filing a lien can vary by jurisdiction but typically involves filing a document with the court describing the debt, how it was incurred, and why the lien is being imposed. Once that document has been filed, it becomes a public record and will be enforced against anyone who tries to buy or sell the connected asset.
Once a lien is filed, the asset can’t be sold or transferred until the debt is paid off. The lien holder then has the right to receive payment from the sale of any asset attached to the lien, even if they are not present at the transaction. This means that the debtor cannot sell or transfer ownership of their property without paying off the lien first. Government agencies and municipalities may also use liens to ensure the payment of taxes, fines, and fees.
There are several different types of liens that can be filed, each with its own purpose and rules.
Statutory liens are imposed by law and typically involve unpaid child support, student loans, or alimony. If a debtor fails to pay these debts, the creditor can file a lien on any asset owned by the debtor in order to receive payment.
Consensual liens are an agreement between two parties that allow a creditor to place a lien on the debtor’s assets in order to secure payment. Consensual liens do not require court orders or judgments and can be used in situations where two parties have agreed that the debtor will pay back a debt over time.
Mechanic’s Liens are typically used to secure payment for contractors or other service providers who have completed work on a property owner’s home or business. Once the lien is filed, the lien holder has priority over all other creditors and can force the sale of the property to satisfy the debt.
Judgment liens are typically used when a creditor has won a judgment in court against a debtor. The court will issue an order attaching a lien to any asset owned by the debtor so that the creditor can receive payment when the asset is sold.
Tax liens are imposed by federal, state, and local governments to secure unpaid taxes. These liens must be paid off before any other creditors and typically involve interest charges as well as penalties for late payment.
Stapled liens are a type of lien typically used in business transactions. They can be applied to both personal and business assets, giving the lien holder priority over other creditors in the event of default or bankruptcy.
When filing a lien, it is crucial to understand the laws that apply in an individual’s particular state or jurisdiction. These laws will dictate what types of liens are available and how they should be filed.
In general, a lien can be either voluntary or involuntary. A voluntary lien is typically used for a contract or agreement between two parties and is filed by the lien holder, while an involuntary lien is usually imposed by a court ruling to secure payment from a debtor.
It’s also important to note that filing a lien can be complicated and time-consuming, so it’s wise to contact an attorney experienced with liens when considering filing one. An attorney can help ensure that the lien is properly filed and will protect the lien holder’s rights in case of disputes or litigation.
Once a lien is filed, the only way to remove it is to pay off the debt. This can be done by paying off the balance in full or by entering into an agreement with the creditor that releases the lien once specific terms are met. In some cases, a court may order the removal of a lien if there was a mistake or if the lien was improperly filed.
Removing a lien can be essential in protecting one’s assets and financial future. Liens can affect a person’s ability to buy or sell property, take out loans, and even get jobs in some cases. By removing the lien, a person can ensure that their credit score and financial history are not affected by the debt. Additionally, removing a lien may help reduce interest charges or penalties for late payments in some cases.
Attorneys play an important role in the lien process, as they can provide legal advice and guidance to individuals and businesses involved in a lien dispute.
Some of the ways an attorney can help include:
- Reviewing contracts and relevant laws to determine the validity of a lien claim.
- Filing a lien claim in a timely and proper manner.
- Negotiating a settlement between the parties involved in the lien dispute.
- Representing their client in court if the dispute cannot be resolved through negotiation.
- Advising on the enforcement and removal of liens.
Working with an attorney will help ensure that the lien process is handled correctly and efficiently while protecting the client’s interests.
In summary, liens are a powerful legal tool used to secure payment on a debt owed by attaching a claim to an asset owned by the debtor. Removing a lien is possible but will likely require payment of the debt or some form of agreement with the creditor. So, it is essential to understand the laws governing liens in one’s jurisdiction and the consequences of not paying them off.
Consulting an attorney at Michael B. Schulman & Associates can help ensure that potential liens are appropriately filed and enforced and that all legal requirements are met. Our extensive experience in dealing with complex liens and legal issues makes us a valuable resource for handling and advising on your lien-related circumstances.
Don’t wait – contact us today to discuss your options.