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Lien Answers

How can a state tax lien remain on the books for ten years but the statute clear it after 6?
Q. I recently discovered I have a S&U Tax lien with my state going back 7 years ago. (was NOT on my credit report.) Accounts and lawyers and the State are now bickering about the Codes and limitations; appears the books say two different things. This is beyond my comprehension. Can someone explain? It's in TN. The State says my lien will last 10 yrs. We've found in the code a statute of limitations of 6. My accountants and attys say I should be relieved of this burden; seems to good to be true to me... I need to buy a house pronto in TN and am unable due to the lien on my NAME. (I was a sole prop.) Statutes Of Limitations A money judgment has a limitation period of 10 years. T.C.A. 28-3-110 However, the lien is lost if execution is not… [cont.]
Asked by Delta - Sun May 28 03:10:45 2006 - United States - 2 Answers - Comments

A. Have your Accountant and Attorney check T.C.A. SS 28-3-110 Im almost positive that this is the Statute that Tennessee relies on for it's 10 year Statute of Limitations on Tax Liens.
Answered by cc smith - Mon May 29 15:19:51 2006

How can I do a lien sale without notifying the previous owner?
Q. I have had a car sitting my yard for the past two years. I know the car came from Texas but I can't get ahold of any previous owners in order to properly notify someone of a lien sale... I currently live in California, how can I go about getting a lien sale on it without notifying previous owners?
Asked by Elisabeth W - Wed Jun 17 14:33:40 2009 - Insurance & Registration - 1 Answers - Comments

A. Generally speaking, you don't. Step one is to download the form and get the registered owners name, and legal owner if any. In California that would be the INF 1126, which you can get here: At least 31 days, but no more than 41 days before the sale date, fill out and submit Form 668, Notice of Pending Lien Sale for Vehicle Valued $4,000 or Less. You must send this form by registered mail to the address on the form. Anybody, including the owner, can oppose a lien sale. If your lien sale is opposed it will all go to court. The original owner will then have to pay to release the vehicle, and then sell it to you in the regular way, by transferring the title. Vehicle abandoned in fields or yards are usually not claimed using this method though,… [cont.]
Answered by oklatom - Wed Jun 17 15:17:15 2009

How do I remove a lien on a property that was discharged in a bankruptcy?
Q. How do I remove a lien on a property that was discharged in a bankruptcy? A lien was placed on my property for the amount around 10,000 in 1997 the bankruptcy was filed and discharged in November of 1998, (the lien holder asked for cash and therefore discharged) the company that placed the lien is no longer in business, how or what do I need to do to have this lien removed, and the house is paid off in AZ?
Asked by nomad - Wed Aug 26 01:15:41 2009 - Law & Ethics - 1 Answers - Comments

A. Well.. To have it removed from your credit reports, complain to the credit report companies and demand that it be removed. As to the records at the county hall, take a copy of the bankruptcy showing the discharge of the debt and demand in a nice way that they modify the record to show that the lien was discharged.
Answered by SO guy - Wed Aug 26 01:27:55 2009

Can a person put a lien on a vehicle with no proof of money owed?
Q. My father is ill in the hospital and I have been appointed Power of Attorney. His girlfriend gave him money last year, apparently as a gift to pay off his motorcycle and now is threatening to put a lien against the bike, to get her money back. However, she has no proof whether this money was a gift or a loan and we are certain she gave it to him, with no expectations of it being paid back. Can she put a lien against the bike?
Asked by Jen - Wed May 25 22:08:11 2011 - Personal Finance - 1 Answers - Comments

A. No, she can't.
Answered by Dave - Wed May 25 22:55:37 2011

How do you find if there is a lien on the title of the house?
Q. I want to find out if there is a lien on a house before I take over the payments? I want to learn how to do it myself because the real estate people want me to pay for the information. If you can tell me the steps I can do it. Thank You.
Asked by peaches and cream - Sat Oct 21 22:32:58 2006 - Do It Yourself (DIY) - 15 Answers - Comments

A. The only way to make sure a title is free of any leins or encombrances is to have a title company check it for you. they are the only ones who can do it. they will charge you weather you use a real estate agent or not. For sale by owners pay the same amount for Title Insurance. The amount is based on the purchase price of the home. Talk to a title company in your area
Answered by itry62 - Sat Oct 21 22:44:04 2006

What power does a mechanics lien have in the process of foreclosure in Illinois?
Q. We know what a mechanics lien is, but what kind of power does it have when you are buying a foreclosed house? Can you tell me where to find a book about homes in foreclosure with mechanics liens on them in Illinois?
Asked by snowbunny - Wed Aug 19 14:24:53 2009 - Renting & Real Estate - 3 Answers - Comments

A. A mechanic's lien would work just like any other type of lien on a foreclosed home. You won't be able to buy the home with a clear title until that lien is released. The mortgage company probably will not extend you a mortgage until that lien is cleared off the title. Lenders want their lien to be first in priority, so all other liens must be gone. It is really up to the current owner of the property (probably the foreclosing bank) to get the mechanic's lien paid off. But they can do this through the purchase price that you offer them. If the bank owns the house, but there is a $10,000 mechanic's lien on it, and you offer the bank $120,000 to purchase the home, the bank should take $110,000 for itself and pay off the mechanic's lien. Hope… [cont.]
Answered by foreclosurefish_com - Fri Aug 21 09:33:54 2009

What financial obligation does property Tax lien investors have during the 1 year redemption period?
Q. After winning the tax lien auction and paying the promised amount + misc fees, what other financial obligation does property Tax lien investors have during the 1 year redemption period if there is an outstanding mortgage on the property?
Asked by T L - Mon Dec 31 01:12:44 2007 - Renting & Real Estate - 2 Answers - Comments

A. words_that_live_on is completely incorrect, and obviously has not ever bought a tax lien. You have no financial obligation whatsoever on this piece of property. You have now become a lienholder on the property. What this means is that if the current owner of the property wants to transfer ownership (sell) or refinance the property, he/she must pay you off, along with any other lienholders, first. Nice thing is, if the owner does not pay you off, and the next years taxes are not paid either, you have first dibs on them. If this happens for 3 years, you can petition with the county to own the property. There are a few forms to fill out, some fees to pay, and some time to wait. Also, the lender can go ahead and pay you off so they don't lose… [cont.]
Answered by trblmkr30 - Mon Dec 31 01:48:56 2007

What if a lien on property does not get resolved by closing of sale to a buyer?
Q. Buying a home with a lien on it...Title Company is made aware of lien, even before Title Search is started. If Seller does not pay lien, does Title Insurance protect buyer from having to pay?
Asked by PHYLLIS - Sat Aug 21 08:57:46 2010 - Renting & Real Estate - 6 Answers - Comments

A. Yes. The title company will make sure it is paid prior to closing or they are liable.
Answered by Dr. Phil - Sat Aug 21 09:23:38 2010

What happens to a tax lien if the property goes on foreclosure?
Q. Lets say the owner cannot pay the mortgage and house goes on foreclosure and there is a tax lien on the property. The property is worth less than what is owed, no equity. What happens to the tax lien? You mean the person that purchases the home is the one paying for the pending lien?
Asked by Wisen Smart - Fri Aug 21 19:58:01 2009 - Renting & Real Estate - 2 Answers - Comments

A. the law is specific about what are called priorities in payoffs- when buying a foreclosure-- a; IRS liens b; tax liens c; mortgage liens in that order
Answered by kemperk - Fri Aug 21 20:03:17 2009

How do you seek a lien on someones house?
Q. I am owed approx. $35k in back owed child support. My case with the DA's office and Child Support Enforcement Agency has been open for about 12 years. They have an address and job info for the non-paying parent, but still cannot collect. I am going crazy. Can I put a lien on the other parent's house? What if he lives in a house but his father's name is on the title? Also, how do I do a search on the title to see whose name is on it?
Asked by outdoor girl - Fri Oct 24 14:11:08 2008 - Renting & Real Estate - 7 Answers - Comments

A. The department of child support does the lien, you can not do it yourself. If the property is in his fathers name it is his fathers house, not his. You can look up the tax records to see who owns the house, they are public records, kept by the county.
Answered by Janet P - Fri Oct 24 14:16:36 2008

How long does it take to get a lien release on a property in Hawaii?
Q. How long does it take to get a lien release on a property in Hawaii? The lien is held by the state of Hawaii. The lien is paid. Someone, So, the situation is that a friend of my mother's is telling her she is watiing on one and has been since November, something has gone wrong?
Asked by MrsCunningham - Tue Mar 8 17:27:07 2011 - Renting & Real Estate - 1 Answers - Comments

A. 2 weeks is the normal time period
Answered by Equality - Tue Mar 8 17:28:11 2011

What does it mean when a lien is placed on your home?
Q. I refused to pay because I think fraud is involved. Now the company is taking me to court and is threatening to put a lien on my house. Can they take my house? What can I do? Is a lien so terrible?
Asked by Rita B - Sat Sep 11 14:15:00 2010 - Law & Ethics - 6 Answers - Comments

A. Laws vary from state to state, but most states have home owners protection. So I don't think they will be able to take your house, unless you are on a second mortgage. What a lien does is prevent you from selling your house without paying off the lien. If you need to sell, the amount of the lien will come off the top. It's referred to as an encumbrance on your deed.
Answered by DIANNE - Sat Sep 11 15:23:25 2010

How does a lien against 1 person affect the others on a jointly owned home?
Q. Home is owned by 4 siblings. brother lives in it. 3 sisters own thier own homes. 1 sister is being threatened with a lien against her home and the jointly owned home. how will that affect the other 3 owners?
Asked by Goose - Sun Sep 6 11:54:50 2009 - Renting & Real Estate - 1 Answers - Comments

A. Lien laws vary from state to state. You cannot have your property taken if you or any of the owners actually live in it. BUT, if the not so smart sister in the family took on a loan against her property and none of the owners in the contract live in the property then the bank can go after of the property unless the lien is satisfied by paying 1/4 of the property value or the amount owed to whom every filed the lien.
Answered by jr - Sun Sep 6 12:25:31 2009

How to file a lien against a property in Nevada that owes you money and is in foreclosure?
Q. I am a manager at a service company, we had a contract with a property in Las Vegas, the property has gone into foreclosure and we need to file a lien so we can get paid for services rendered.
Asked by Yvonne B - Wed Jul 2 12:48:54 2008 - Renting & Real Estate - 6 Answers - Comments

A. It depends on the type of services you performed. For certain services performed to the property itself, you can file a mechanics lien on the property through the county recorders office. Otherwise you would have to attain a court judgment against the property before attaching the lien. And as far as receiving any money, just hope there is enough proceeds from the sale to pay off the loan (first priority) and other creditors and lien holders will typically split the rest.
Answered by Smokin' Dragon - Wed Jul 2 12:59:52 2008

How long does it take to remove a lien from a foreclosed home I am trying to buy?
Q. My husband and I are buying a house. We were supposed to close last friday, but they day before a lien showed up on the title. We were supposed to close tomorrow, but now that is not happening. Our agent is saying this Friday. How long would it take this bank to pay off the lien on the title?
Asked by Fanatical - Mon Apr 6 20:10:02 2009 - Renting & Real Estate - 4 Answers - Comments

A. i disagree with my peer; few title firms and agents will accept any junior liens to stay on a new mortgaged home. and most lenders will not allow a lien senior to theirs. i am curious when a preliminary title search was done why this lien did not show up. I presume you are buying title insurance. I would recommend requiring all other liens be paid off.
Answered by kemperk - Mon Apr 6 21:11:48 2009

How do I get a tax lien released?
Q. I do not have the money to hire a lawyer to help me, or the money to pay the taxes. My business can not get credit to operate, and I am losing money. I need the tax lien released before I go under. I have talked to the IRS, put they only send me publications I do not understand.
Asked by Enoch J - Sat Jul 28 21:31:57 2007 - United States - 4 Answers - Comments

A. If you can not afford to pay the total tax due, call the IRS and ask them to send a Form 9565 Installment Plan Agreement, or down load the form at www.irs.gov. or call the IRS and set up the installment agreement. Once you have make three payments on time, then you can send in a written request to release the lien, if this is your first time to have tax problems, they will normally release the lien. I wish you the best.
Answered by oldcorps1947 - Sat Jul 28 23:59:54 2007

what is the fastest way to remove an erroneous mo state tax lien?
Q. We are purchasing a home that is scheduled to close within a week. There is an erroneous $3,000 tax lien on my credit report from 11 years ago. The state said they have no record of a lien, but they would investigate it after they receive a written request. The timing is the issue. We will lose the home purchase is it takes longer than a few days. I need a faster way to correct this mistake.
Asked by Brian - Thu Mar 24 15:05:32 2011 - United States - 4 Answers - Comments

A. Dispute this with the credit bureau. It won't be cleared in a few days.
Answered by Chas - Thu Mar 24 15:08:11 2011

What do you do when a lien holder refuses to sign off on an auto title after the lien has been paid off?
Q. A friend of mine borrowed money from his friend to purchase a car. The loan has now been paid back, but do to some "bad blood" which has developed between the two, the lien holder will not answer any phone calls, and has not signed off on the title nor produced any type of document indicating the lien has been satisfied. My friend would like to sell his vehicle. What does he have to do to get this resolved? THANKS!
Asked by Kathi H - Mon Apr 7 10:56:09 2008 - Credit - 1 Answers - Comments

A. Assuming this agreement is in writing and your friend can prove the vehicle is truly paid off, he can go to civil count and file a law suit..
Answered by SPIFIMAN1 - Mon Apr 7 14:43:44 2008

What will happen to a judgment lien on my residential investment property after I file personal bankruptcy?
Q. I have a judgment lien on a residential investment property that I own 25% of. This is the only RE that I own. The mortgage on the property is $115k, the lien is $110k and the property is valued at $200k. If I file personal bankruptcy (Chapter 7), will the lien be removed? What if I sell my share to my partners, do they have to pay the full amount of the lien? Does the lien remain with the property even though I sold my share?
Asked by American_Nawaab_786 - Sat Aug 23 13:04:51 2008 - Personal Finance - 1 Answers - Comments

A. What state are you in?
Answered by Greg M - Tue Aug 26 19:31:03 2008

I have a IRS lien filed against my Real Estate. How long do I have before the property is placed for auction?
Q. A lien was recently [July, 2007] placed by the IRS against a piece of Real Estate in New York that is owned by an Estate that I am the Executor of. How long do I have from the time the lien was placed by the IRS to the time that the IRS forces the property for sale or auction? If the property is forced for sale or auction by the IRS is there some type of redemption period that I have? The Estate does not want me to sell the Real Estate. The estate will be able to pay the IRS what it owes within three months. Do I have that much time before the property is placed to auction or sale?
Asked by fa98 - Tue Aug 28 21:25:23 2007 - United States - 6 Answers - Comments

A. The IRS will not always force a sale. but as executor of the estate, you are required to settle all debits before the probate court closes the estate; so unless you have cash to settle, you'll have more issues with the probate court for failure to fulfill your job as executor than the IRS. Sell If you contact the IRS and advise them you are closing out the estate and need 90 days to pay out the lien, they will gladly accept that.
Answered by wizjp - Tue Aug 28 21:33:06 2007

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