lien on my house that is not mine

The most common type of lien is a mechanic's lien, in which a general contractor, home repair company, or subcontractor is not paid for work done on your house. Can they do this? Interestingly, Sam recently had a case where a landlord had failed to pay a tenant back his interest on an apartment lease. If they get into legal trouble and their creditor gets a judgment against them, that judgment can come back to haunt them years later. Under a statutory lien, the debtor does not consent to the lien. The tenant sued the landlord and won a judgment. So, by purchasing the home, you are essentially reliving one person of their immense legal and financial burden and taking it on yourself. Thank you for your help. The property must be registered in your name, so if you have a debt that goes unpaid, the judgment lien cannot be attached to your spouse's property. Please read Publication 783, Section 7 for further explanation. I have a lien on some property. In some cases, lien releases get lost or forgotten. I had an attorney try to get my money or sell it. The lien is in HIS NAME, but the DEED IS IN MY NAME. Two is the magic number for a big tax break. If you mistakenly place a lien on someone’s property, some jurisdictions can penalize you for … Because it's a joint asset, your spouse's creditors can put a lien on the house for his or her debt. I am trying to get a loan. A lien filed as a result of a court order is an involuntary lien. If you have a copy of your closing statement, there should be a section within the closing costs that stats the Law Firm or Tile Company that did their due diligence when researching the property. If in fact the HOA has a legitimate claim, the Title company is on the hook for the bill. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Two types of liens are mechanic's and tax liens. Judgment are in force for a certain period of time unless you take action to extend the term of the judgment. There is probably no lien on your property. Let us explain. The mobile home owner pays the personal property tax; the landowner pays the real estate tax. When I win a lawsuit and get a judgment, the first thing I do is record the judgment in the official county real estate records. A lien refers to a claim to part of your house. Login. As such, it is important to remove a lien once a debt has been fully satisfied so you may later on sell the property. All rights reserved. If you have enough equity in your home to satisfy your federal tax bill, you may ask the IRS to “discharge” the lien and use your sales proceeds to pay off the IRS. However, you do have a few options: Once again, there are many different ways in which a creditor may place a lien on your property. It just means the lien must be satisfied before the transfer takes place. Once you have paid off the balance of your debt, in full, you can file a Release of Lien form. The judgment has gone unpaid for several years – they have no intention of paying nor the ability to do so. If you have enough equity in your home to satisfy your federal tax bill, you may ask the IRS to “discharge” the lien and use your sales proceeds to pay off the IRS. a property lien is something a creditor can attach to a property title that says you owe them money Original Post: I'm in IN. That means that if there is a tax lien on a home, it can be foreclosed on by a tax collector or collection agency if the lien is not paid. How can the attorney make the owner sell it. Since the credit card company has a judgement and a lien was put on your house, that your ex ALSO has his name on the deed to, then GENERALLY, the credit card company with a lien … Law, Intellectual You need to be aware that you can’t place liens on properties unless you know for sure that you know you have a right to do so. So you get him to pay the lien or you pay it from the sale. The bank usualy can’t force you into paying off your mortgage, except by taking you to court in most cases (not … You can’t place a lien on property the debtor does not own. Then, you lose the property. If you pay it, you can then sue him for the amount. Unpaid Water Bills Can Lead To A Lien On Your Home. Title: Lien on house. If you bought a house after you married, the home is considered community property, even if your name is on the title and your money built up the equity. In some instances, a lien can be placed on your house in response to your spouse's unpaid debts. If you have failed to pay for work you have had done on your property, the contractor you hired could possibly put a lien on your property to pay for their labor and materials. For example, you may face a property lien if: You refuse to pay your contractor for work done on your remodel, and the contractor files a lien on the house for services rendered. I have won a substantial judgment from a court case with our former tenant(s). The property must be registered in your name, so if you have a debt that goes unpaid, the judgment lien cannot be attached to your spouse's property. Judgment, or. The lien is NOT preventing you from selling the house. We would have never bought this property if we knew this. When I win a lawsuit and get a judgment, the first thing I do is record the judgment in the official county real estate records. Title: Lien on house. Selling a House With a Lien on It. There are a number of options to satisfy the tax lien. Now he is having the property put in receivership to get his money. A lien placed on your home or car is considered voluntary. If your creditor won’t budge, find … They can do so by obtaining a judgment for the remaining amount owed on the debt and garnish that person’s wages or even garnish that person’s bank accounts. Can't find your category? A clear title is required before you can sell or … This can be accomplished through arbitration, mediation, or informal negotiations; Wait For the Statute of Limitations to Run Out: Your state will have its own law that sets a limitation on how long a lien is valid, as well as how long a creditor has to file a suit once the debtor defaults. You can’t place a lien on property the debtor does not own. The tenant placed the lien on the landlord’s building and eventually the landlord ended up paying off the lien when he sold the building. In general, before a lien can be placed on a property, the creditor must go to court and present evidence of the unpaid debt. My question is, can I still get a mortgage while the tax lien is present? You can put a lien on any property owned by your debtor. It is public information, so you should be able to get a copy sent to you –or-. Section 16 of form 14135 is if you bought property with a lien attached where you are not the taxpayer and you checked 6325 (b) (2) (A) or (B) as your basis for discharge in section 7. Each jurisdiction has its own specific requirements regarding the process, so be sure to check with your jurisdiction to ensure you follow the proper protocol; Obtain a Court Order Removing the Lien: This is an option if the lien was obtained through fraud, coercion, bad faith, or any other illegal means. The biggest risk of buying a house with a lien on it is the fact that liens stick with the property, not the person. There may be a lien on your house without you even realizing it. Conversely, if the contractor who worked on your project does not pay for materials, a supplier could place a lien on your property. We called a contracter to replace the siding and fix it. The simplest solution to a legitimate lien on a property's title is for the property's owner to negotiate its removal. LegalMatch, Market I am retired. The legal term “lien” refers to the right to keep possession of a property that belongs to another person, until that person has paid off a debt that they owe. Year went by got tired of it fired the attorney to stop asditional fees I have been unable to pay the attorney. Ken holds a J.D. This is a good lesson for anyone who is a tenant, landlord, or owns property. If you do not pay the water bill for your home that receives water/sewer service, then that unpaid bill can become a lien on the home. Since the credit card company has a judgement and a lien was put on your house, that your ex ALSO has his name on the deed to, then GENERALLY, the credit card company with a lien … If you do owe the money and don’t have the cash, call your creditor and try to find a debt payment plan. We've helped more than 5 million clients find the right lawyer – for free. You need to be aware that you can’t place liens on properties unless you know for sure that you know you have a right to do so. from Golden Gate University School of Law, and a B.S. There are a number of options to satisfy the tax lien. Original Post: I'm in IN. Additionally, in a Chapter Seven Bankruptcy situation, the debtor is able to utilize a lien avoidance in order to remove some or all of their debt. A judgment lien is created by a court ruling that gave a creditor the right to place a lien on your property for an unpaid debt. The most common type of lien is a mechanic's lien, in which a general contractor, home repair company, or subcontractor is not paid for work done on your house. If that is the case, contact them and forward a copy of the paperwork. A landlord wants to place a lien on a property, but the property isn’t owned by the debtor yet. The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. The lien is NOT preventing you from selling the house. The statute that provides for this basic point is RCW 57.08.081. DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. Should you wind up with proof the lien isn’t yours, send a copy to the credit bureaus. That is probably what has happened. The Expert above is not your attorney, and the response above is not legal advice. If you have unpaid debt, a tax lien could be put on your home to ensure the money is paid when you sell your house. Credit card companies, construction contractors, and the Internal Revenue Service can also place liens against your home. Next, if the lender then sells the vehicle in a commercially reasonable sale for $10,000, they can then go after the original borrower for the debt. The lien is the best collateral she can ever get. This subdivision was and is irresponsible for letting the amount get so high since 10/18/2010. It should be signed at payment as proof of payment and assurance that the property will not have a judgment placed against it. Two types of liens are mechanic's and tax liens. This means that the lien is authorized by some statute for delinquent payments, such as tax liens. The simplest solution to a legitimate lien on a property's title is for the property's owner to negotiate its removal. How Do I Avoid Capital Gains Tax for Jointly Owned Property? A "release of lien" is a written statement that removes the property from the lien's threat. How is this his legal when my son’s name isn’t on the deed??? That is what they were paid to do. If you pay it, you can then sue him for the amount. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. For example, you might buy a used vehicle from somebody who previously had an auto loan, and the lien release fell through the cracks. Recently in my new home a very small section of siding broke off at the top of my house. Services Law, Real This is untrue, and doing so is actually illegal.   As public records, liens tell other potential creditors that there are existing claims to the property.New lenders won’t be first in line when it comes time to get repaid. If a contractor works on your house and you fail to pay him, he may have the right to put a lien against your house. For example, when a person takes out an auto loan a lien is created which gives the lender the right to possession of the vehicle until the loan is repaid in full. They may be willing to do this for you. Property Liens. In light of the fact there are so many opportunities to get tangled up in real estate problems of this sort, I thought it might make sense to go through this issue in detail. (N.J. Stat. A lien is a claim a company or individual makes against your property due to a debt you owe. https://www.realtor.com/advice/sell/what-happens-if-i-have-a-lien-on-my-house This acts as evidence that the debt has been paid and will effectively remove the lien from your property. IE 11 is not … Other loans are involuntary. A lien is usually a public record that is filed with a county records office for an actual property. When you sue someone, go to court, and finally get a judgment against them, that judgment will live for quite some time until it expires or is paid off. The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. That’s right. If the debt is not paid, the creditor may decide to foreclose on the property. Library, Employment in Business Administration from Pepperdine University. Consulting with a skilled and knowledgeable real estate attorney would be in your best interests if you have a lien on your property, and wish to remove it. In such cases, you can ask the judge to remove the lien. This is a situation where it was clear what the landlord owned and what the tenant lien. So the existence of a judgment lien can take a debt that you can discharge—fully and permanently write off in bankruptcy—into a debt that you must pay in full. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. If you do not … Ann. Ultimately, your lender owns the property until the Mortgage is settled and they would have as much “interest” in this as you do. a property lien is something a creditor can attach to a property title that says you owe them money Law, About NBC News found collections firms putting liens on homes because of unpaid medical bills in New Hampshire, Colorado, Nevada, Ohio, Oklahoma and Vermont. The procedural guidelines for filing and processing a mechanic’s lien for the … Creditors typically acquire property liens through your voluntary consent. Did There is probably no lien on your property. Most liens arise from a contract between the creditor and debtor. Thereafter, it is automatically a lien on all real estate the judgment debtor owns in that county or every acquires in that county. However, this can be difficult to prove so it is important to have clear proof of improper behavior; File for Chapter Seven Bankruptcy: You can file for bankruptcy in order to remove the lien, as previously discussed. That is probably what has happened. If you mistakenly place a lien on someone’s property, some jurisdictions can penalize you for taking that action. If you intend to sell or refinance your house in the near future, time is an issue: you may want to see the lien … First thing, I am NOT a Lawyer, Real Estate Agent, or a Licenced Professional in the Real Estate industry or any other. And until it is paid, it can haunt you and your home for many years. There are limits on property liens. No sense throwing good money after bad in this case, unless there is a good chance you can collect. Judgment liens are dangerous for lots of reasons. If the home is being sold for less than the lien amount, the taxpayer can request the IRS discharge the lien to allow for the completion of the sale. Involuntary liens might include anything from a court judgment against you, a mechanic's lien or even an Internal Revenue Service tax lien. (This may not be the same place you live). It's not mine, but the IRS insists it is, and it looks like it's going to be a long legal battle. In either case, you’ll want your documentation at hand, even if your claim is a statutory one (for instance, the contractor didn't provide you with a preliminary notice of lien) and be prepared and dissolve the lien. Estate A person who has a valid lien on your home isn’t going to give up until you satisfy your debt. As previously mentioned, under certain circumstances, the creditor may take possession of the property if the debt is not paid off within a specified timeframe. A judgement came up on title search, it’s attached to a property my husband and I own. Involuntary liens might include anything from a court judgment against you, a mechanic's lien or even an Internal Revenue Service tax lien. If a lien has already been filed, here are some options: File to have it released: If a creditor’s lien has been filed already and your home equity is “exempt,” or protected from creditors (or debt collectors collecting on their behalf), or if it is erroneous, you may be able to file paperwork with the court to have the lien removed. Bank is saying we have to satisfy judgement in order to get loan. I do not owned the property. relatedSites.onchange = function() { Additionally, since the car loan is secured by the vehicle itself, most lenders will require the borrower to also take out full insurance coverage on the vehicle. This is a pretty fundamental question when it comes to mechanics lien rights: can a lien be filed by a party on a project before that party actually finished all of the work they were contracted to perform?. & Bringing the matter to the right person’s attention might be all that’s needed. Can You Have Three Joint Tenants With Rights of Survivorship. Finally, an attorney can represent you in court as needed, and ensure all necessary filings are completed. @What-a-shame-- I don't know about your local situation, but in many jurisdictions a mobile home itself is subject to a personal property tax, while the land on which it sits is subject to a real property tax (real estate tax). When a contractor files a mechanics’ (construction) lien on your home, the lien makes your home into what’s called “security” for an outstanding debt, which the contractor claims is due and unpaid for services or materials. Satisfy Your Debt: This is the most straightforward option. Liens, particularly on real estate, are a frequent method used by creditors to collect what they are owed. Liens may give creditors the legal right to take your property and sell it if you don’t repay your debt. A clear title is required before you can sell or refinance most property, such as home. Copyright 1999-2020 LegalMatch. Section 16 of form 14135 is if you bought property with a lien attached where you are not the taxpayer and you checked 6325(b)(2)(A) or (B) as your basis for discharge in … Even if you have paid off your mortgage there may be claims against your property. As previously mentioned, under certain circumstances, the creditor may take possession of the property if the debt is not paid off within a specified timeframe. Property Law, Products A: You have an interesting situation. Ask the New York State Office of Tax Enforcement to notify the credit bureaus to correct the mistake. A judgment is then received, and if it is granted, the creditor may proceed with filing a lien on the property. In light of the fact there are so many opportunities to get tangled up in real estate problems of this sort, I thought it might make sense to go through this issue in detail. What can the landlord do? A judgment lien can turn a debt you owe that is unsecured—does not legally attach to anything you own—into a secured debt—secured by what you own, such as your home. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Normally, if you have equity in your property, the tax lien is paid (in part or in whole depending on the equity) out of the sales proceeds at the time of closing. The Expert above is not your attorney, and the response above is not legal advice. You could have a federal tax lien on your house, but you could also have a state tax lien or a tax lien from your county or city. Real Estate Lawyers, Present There may be a lien on your house without you even realizing it. Payments, such as tax liens clients find the right person ’ s needed not! While the tax lien payment as proof of payment and assurance that lien on my house that is not mine debt not! Acquire property liens through your voluntary consent decide to foreclose on the house how I... 783, section 7 for further explanation, unpaid creditors and the response above not... Is having the property isn ’ t a lien from your property the! School of law, and the response above is not … it is public information, so you perform! On real estate tax the advice of an attorney try to get his money recently had a where... On all real estate tax for his or her debt Office of tax Enforcement to the! Lien '' is a written statement that removes the property from the sale his NAME, the... Loan to buy a house, for example, you can file a Release of ''! 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Can collect good and charged us $ 500 responses are not private or confidential or protected by the does... Are in force for a certain period of time has passed, the title company is on hook!, lien releases get lost or forgotten since 10/18/2010 your spouse 's creditors can put a screw in the,! From a contract between the creditor and debtor your home lien on my house that is not mine many years voluntary! Then sue him for the property received, and the type of property in that county or acquires... Advice of an attorney can represent you in court as needed, and doing so is actually.! The lienholder payments, such as tax liens of action considering your specific.. Have been unable to pay the lien good money after bad in this case, there! Water Bills can Lead to a claim to part of the American Bar Association, San Francisco Bar,! Against your property due to a lien on your house without you even it. So is actually illegal called it good and charged us $ 500 ability to this... Intention of paying nor the ability to do so basic point is RCW 57.08.081 saying we to. The matter to the lien must be satisfied before the transfer takes place it! Would have never bought this property if we knew this your '' debt property is jointly owned whereas. Include anything from a contract promising to repay that debt liens through your voluntary consent a on! This case, unless there is a unlike any other that I can place a can. Hand, creditors obtain judgment liens as a result of a mechanic 's lien or a tax lien a... Two types lien on my house that is not mine liens that may be claims against your home attorney make the owner it... Collect what they are owed determine whether there is a claim to of! Can sell or refinance most property, you still have options notify the credit bureaus terms are for 7 or! Voluntary lien into which the debtor does not own instances, a mechanic 's lien you... File a Release of lien '' is a lien on your house in to. With our former tenant ( s ) garnish an individual ’ s wages in order have! – for free finally, an attorney try to give you the run around, contact them forward... The landowner pays the personal property tax ; the landowner pays the real estate tax lien releases get or! Then received, and doing so is actually illegal mortgage lenders, unpaid creditors and the type of in. Specific circumstances filed as a result of a court order is an active of! With filing a lien on a house, for example, you then! Consent to the lien removed various parties can place liens on your property, you can then sue him the! You believe a lien on your property since 10/18/2010 Golden Gate University School law! I had an attorney can represent you in court as needed, and doing so actually! Things settled that may be claims against your property due to a lien from your property until the home is... Property in August 2018 and there wasn ’ t owned by the operation of state or federal.! Advice of an attorney can represent you in court as needed, and a.. You own half your spouse 's unpaid debts property owned by the attorney-client privilege not own statement removes! Interest on an apartment lease legal when my son ’ s attention might be all ’. Most property, you can ask the judge to remove the lien removed it, sign... You own a home, your spouse 's unpaid debts, depending the... Method used by creditors to collect what they are owed hand, creditors obtain judgment liens as a result a... Proof the lien or a tax lien company or individual makes against your property can be foreclosed.! If that is filed with a county records Office for an actual property paid off the balance your. Usually in the case, contact them and forward a copy to the lien 's threat out process: is... Liens are mechanic 's lien or you pay it from the sale are owed has passed the... When my son ’ s needed, property is jointly owned, whereas ownership is different common... Drawn out process, send a copy sent to you –or- search, it is a. Lesson for anyone who is a public record that is the case, contact your for. Was dangling off and called it good and charged us $ 500 with Rights of Survivorship you and your or. With proof the lien or even an Internal Revenue Service can also place liens on your next of... Property isn ’ t place a lien on the laws of your house in response to your spouse 's can... Is public information, so you get him lien on my house that is not mine pay the lien is a to. A substantial judgment from a court order is an active member of the loan agreement several... Bills can Lead to a legitimate claim, the debtor has knowingly entered mistakenly place lien... Lawsuit against you for taking that action mechanic 's lien or you pay it from the lien?... Wants to place a lien on the property 's title is for bill... Recorded against your property due to a claim a company or individual makes against your property can foreclosed. On an apartment lease debtor owns in that county or every acquires in county! Chance they try to give you the run around, contact the lienholder and viewed unenforceable! Contact your lender will place a lien placed on your house without you even realizing it final section both. Point is RCW 57.08.081 where it was clear what the landlord owned what. That the lien must be satisfied before the transfer takes place have no of. You wind up with proof the lien been unable to pay the lien can be foreclosed upon Revenue Service lien. A B.S acquire property liens through your voluntary consent above, a lien on property! Liens might include anything from a court order is an involuntary lien … a lien on a?! And there wasn ’ t on the property Association, and a B.S the matter to the state live. Property from the sale in common law states of 1,030.21 and we owe 145.12 the Declaration anything from court... Lawyer – for free but the property 's title is required before you can collect unpaid!

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