Real Estate & Property Law

Cancellation of debt has some very specific effects on things like property liens. Learn about the cancellation of debt and its effects on property liens with help from a certified financial planner…

Liens filed on private properties in Virginia are known as mechanics’ liens. A mechanic’s lien filed in this state about work performed on privately owned property encumbers and attaches…

The best way to receive money owed to you by a Colorado business, in the event the business refuses to pay, is to file a lien against it. A lien represents your legal claim to what is owed. The first…

A title binder or binder lien may apply to a couple of different elements during the real estate purchase process. A binder may refer to the insurance used during the transitional steps of the process…

When a person is involved in an accident, such as a car crash, he could receive a settlement from an auto insurance company to pay for his medical bills and property damage, depending on the accident…

A creditor has various ways of collecting an unpaid debt, including pursuing the debtor's assets through wage garnishments and seizures of funds in a bank account. A condo is an asset of the condo…

Louisiana has one of the most complex probate codes in the United States. It is a community property state, meaning whatever property spouses acquire while married is shared equally. In Louisiana,…

If you use the Thematic framework for your WordPress blog, you have many different design options to work with. By default, Thematic uses a two-column format. However, Thematic comes with pre-defined…

Two factors complicate the process of placing a lien against property in Florida. First, Florida law does not allow you to place a lien against an individual’s homestead; you can place a lien…

Cars are towed for many reasons. Sometimes, it’s a parking violation. Other times, it’s committing a misdemeanor like driving without a license. Whatever the reason, you might be wondering…

Idaho residents use individual retirement accounts, or IRAs, to save tax-deferred monies for retirement. Although the state of Idaho offers generous protections for residents, a lien may be placed on…

If you receive a civil judgment in your favor, but the debtor refuses to pay the judgment, you may be able to place a lien on the debtor’s home. If the debtor sells the property, the lien holder…

Bankruptcy is used by debtors to work through their debts under court protection, free from the threats of collection activities, including lawsuits. While bankruptcy can provide relief from a portion…

A lien is a claim on a person’s property by a debtor. The debtor takes this action to ensure he will be repaid what he is owed. Under a lien, when the property in question is sold a portion of…

Bankruptcy can be a difficult time for anyone, but the challenges may be compounded significantly if you have joint tenancy of a property. Joint tenancy of real estate is common among married couples…

A preliminary lien is a notice served by a supplier or subcontractor on an owner or general contractor to inform him of lien law and to let him know you will place a lien on the owner's property if…

Liens are encumbrances upon the property of another person who owns you a debt. A lien secures the a debt by tying up the property. A valid lien is enforced by foreclosing on and selling the property…

The powers and administration of home owners associations (HOAs) in Virginia are regulated by the commonwealth's Property Owners' Association Act, which is part of the Code (Statutes) of Virginia. The…

The Pennsylvania Homestead and Farmstead Exclusion Act allows for a reduction in the declared value of property used as permanent residences by Pennsylvania taxpayers. However, in the case of…

A seller of real estate uses a deed to convey title or interest in the property to the buyer. Deeds come in different types, with some providing more protection to the buyer than others. Of all deed…

The Uniform Commercial Code covers the rights of both an assignee and a holder in due course. The UCC's purpose is to "(1) simplify, clarify, and modernize the law governing commercial…

Tenants have the right to rent a home in foreclosure and may even remain in the home after it is foreclosed. A rental escrow account is a bank account established by court order that allows you to…

A lien is an encumbrance upon a piece of property which is used to secure a debt. The word lien is French for knot or binding, and a property with a lien against it is said to be "tied up."…

Counties and municipal governments raise money to cover operating costs by assessing property taxes. If a landowner fails to pay the property tax, the local authorities can place a lien on the…

It can be advantageous to inherit tenants in a property you've bought either by yourself or jointly with a nonspouse if you plan to continue renting the property and the tenants are conscientious. If…

A quitclaim deed transfers a person’s interest in property to another person or entity. The party giving the property away makes no guarantees about the property when using a quitclaim deed. In…

If you were contracted in Michigan to build a house, complete remodeling repairs or just upgrade a building's interior systems such as electrical or plumbing, you would expect to be paid for all that…

Michigan law allows homeowners associations to place liens against real estate for delinquent association fees. Property liens cloud property titles and may eventually lead to foreclosure. Michigan…

Subordinate lien holders can hold up the sale of your home or an attempt to refinance. You can have several encumbrances, or liens, against your property at once so the law must place them in a single…

Concurrently owned property allows two or more individuals to jointly own real estate. State laws establish the property rights that joint owners have, and the majority of state laws are based on…

The Michigan Truth in Renting Act covers the rights and responsibilities of landlords and tenants in the state. The act outlines the monetary responsibilities of joint tenants, lease disclosure…

A quitclaim deed is a legally binding document transferring one person's interest in a piece of property, such as a house, mobile home or land, to another person. The person who gives up the interest…

A quit claim deed is used to indicate that a person does not claim ownership of the real estate described in the deed. When you attempt to sell real estate in which your ex-wife may have previously…

Financed Texas properties have either a recorded deed of trust or a mortgage lien and a foreclosure is the enforcement of that lien. If the proceeds of a foreclosure sale aren't sufficient to pay off…

If you fail to pay your delinquent federal income taxes, the Internal Revenue Service may file a federal tax lien on all of your property, including your home. Similarly, if you have unpaid past due…

As a tenant, you may assume that because you are paying rent to your landlord, the landlord is making his mortgage payments to the lender. However, in some cases, the landlord may be unable to meet…

Creating a trust fund for a minor child is often a means of giving assets to the child to provide for their education and reduce estate taxes for the person establishing the trust. But trust funds are…

When a debtor passes away, you may assume he is no longer responsible for his debts; however, a debtor is not freed from the responsibility of repaying debt upon the event of his death. The repayment…

When a homeowner accepts a mortgage loan to purchase a house, the homeowner grants a lien on the house to the mortgage lender, which is often a bank. That way, if the homeowner defaults in repaying…

A voluntary lien is created when a borrower pledges a property as collateral for a loan. A lien is recorded and gives the creditor the ability to initiate a foreclosure if the borrower fails to make…

In Texas, when child support is not fully paid and an arrearage occurs, the custodial parent or the Office of the Attorney can place a lien on property held by the non-custodial parent. The lien can…

Pennsylvania law provides that loans secured by real estate be documented by a mortgage. The lender has the right to foreclose against the mortgaged property in the event of a default on the loan by…

Horror stories abound of homeowners who have had their homes foreclosed and sold out from under them because of liens placed by their homeowners’ association. An article on finance website…

Filing a lawsuit and collecting a debt can be time-consuming and costly, so a creditor does not take this step unless he knows he can collect the outstanding balance. Placing a lien on personal…

If you fail to repay an unsecured debt, your creditors can petition the court to have a lien placed on your home. Creditors can even file to have a lien placed on your primary residence or homestead.…

Quit claim deeds are used when one party, called a grantor, transfers his interest in property to another person, called a grantee. A quit claim deed does not guarantee that the original owner…

There are several ways in which Ohio real estate may be held. The most common is fee simple, single, which is sole ownership -- no one except the individual owner has any claims or interest. Fee…

Placing a lien on property and executing the lien are two different processes. In the state of Pennsylvania, an unsecured creditor with the right court documents may place a lien on joint property.…

A statute of limitations is a law that limits the amount of time you have to bring a lawsuit on a given claim. Since recording a quitclaim deed is not a lawsuit, North Carolina has no true statute of…

A leasehold mortgage is a specialized mortgage arrangement in which a leaseholder puts up his leasing interest as security on the mortgage. Assigning a lease transfers all rights under a lease to…