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daniel r | Can somebody put a lien on my house even if they dont own it? |
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financing_loans
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You mortgage company does and they dont own it.
Sorry couldnt resist. There are certain people that can put a lien on your property. Say they did work on your property. Installed a fence and feel you didnt pay them enough or you didnt pay them. They can put a mechanics lien on your property. The reason being they did something to improve the property and if you sell it, they want their money.
A Person can file a Lis Pendence against your property (meaning they believe they will prevail in a lawsuit and want to be paid from your home ie there is upcoming litigation). It can mean a few things but it might be as simple as you owe the person money and they are trying to use your property to cover the debt. It clouds the title, preventing the sale or transfer of the property until the lis pendens is removed, the action is dismissed, or final judgement is rendered.
If Judgement is rendered and the court gives them a Judgement that can attach to your property. This will be an attachment lien also called a writ of attachment. The court has now ordered the Lien to attach to your property. This will stay on for a minimum of 3 years, and will not go away with death. The lien will follow the property. The lien can be extended.
If somebody just places a lien for no reason, most times you will have to sue them or the court can order them to show cause. They have to have a reason to file whatever lien they put on your property.
And thats a case you dont want to lose if court if you are clouding somebodies title for no reason. The homeowner could have damages.
As always in these cases consult an attorney. I have just named a few reasons of the many somebody might do it, and how they would do it.
Good Luck |
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LC
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If they owned it they would not need to put a lien on it. If you have a loan on which you have listed the home as collaterol, and you have defaulted on that loan, then yes they can put a lien on the home. |
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loanmasterone
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Yes if a person does not own a property they can place a lien on your property.
I went to small claims court and won a judgment against a person. Since that person refuse to pay me, nor would he contact me about making arrangements to pay me, I placed a lien against his home.
In California if you win a judgment against a person and they fail to pay you, you may add 10% interest per year against that judgment, as I did.
The original judgment was for $2,200.00. the final payoff was about $4,500.00 because of the interest accured.
I hope this has been of some use to you, good luck.
"FIGHT ON" |
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ogdad223
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yes if you owe them money anyone can put a lien on you and your property get a good lawyer quick |
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zanthus
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I believe a creditor could put a lien on your house if they got a court judgement for deliquent money owing to them. |
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Jeff
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Anyone that would put a lien on a house would obviously not be the owner. Mechanics Liens for example, are placed on properties by workers that have done work at the property and were not paid in full. |
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Christopher B
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Absolutely, especially if you signed a contract with them using your home as collateral for money owed.
Another example would be the city putting a cleaning assessment/lien against your property to pay for the cleaning that you as the homeowner should take care of. Another example would be a builders lien - if you have construction done on your property financed by the builder, they will always put a lien against your property as collateral until it is paid off. |
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Rick B
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of course. That's what a lien is. If you have home repairs done and get into a dispute, you will most likely have a mechanic's lien put on your home. |
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Alterfemego
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Daniel, anyone who has done work on your home can put a lien on your home. If you need more than that, I suggest you consult with an attorney. |
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Zach F
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It's pretty common for a contractor to put a lien on a house if they don't get paid by the owner for work done on that house. |
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Jeremy
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Yes. You obviously shouldn't own property if you don't understand the principles behind finances.
A lien simply PREVENTS you from doing something like selling a house and leaving before you can pay owed debts.
Pay what you owe and forget about it. You were probably in the wrong anyways. |
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Gunner
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Sure can, if you owe them money related to the property. Look up tax liens and mechanic's liens for starters. |
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