Real Estate Lien Lawyers

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What Is a Lien?

A lien is a specific claim against certain property of the debtor. It is a legal claim that changes a general court judgment against the debtor into a specific claim. If the debtor sells or refinances the property you have attached a lien to, you can be paid out the proceeds. Liens are usually attached to property that often changes hands or is refinanced. It often produces enough cash to pay you the judgment with post-judgment costs and interest. The down part is that it takes a couple of years for you to get paid.

Can a Lien be Created on Real Estate

A lien can be created on any real estate by registering your judgment with the land records office in the county in which the debtor's real state is located.

What Should I Look out for before Placing a Lien?

You also want to check if other creditors have placed liens on the property, or you may find yourself at the end of a very long line and may even get nothing in the end. If there are other liens on the property, you can still place the lien but you should also pursue other strategies in trying to get your money.

Can the Property Be Transferred without Removing the Liens?

A lien doesn't have to be removed before the property is transferred. The lien simply remains on the property and the new owner of the specific property has to deal with it. If the new owner wants to transfer the property to someone who wants a clear title, the lien has to be paid off.

Are There Any Limits on Real Estate Liens?

When the owner sells the real estate you will get paid off if there is sufficient money after the mortgage lender and other liens ahead of are paid. There are a couple of limits on your right as a real estate liens holder: 

What About Jointly Owned Property?

To find out what forms of ownership your judgment debtor has of his/her real estate, you can check the deed in the county recorder's office. If the deed doesn?t specify a particular type of joint ownership, property is seen as a tenancy in common. In jointly owned real estate, a lien works differently depending on the form of joint ownership: 

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Last Modified: 05-11-2017 05:27 PM PDT

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