Liens and You
First off, what is a lien? Well, a lien is a notice that attaches to your property (personal or real) that lets others know that you owe a creditor payment. You may think to yourself that you would never have a lien against yourself because, for example, you always make your payments, but in actuality, most Americans have a lien against them right now. If you have ever had to take a loan out for a home or vehicle, you have a lien against you. This is not a bad thing, it just lets others know that if you do not complete your payments, your home or vehicle then would belong to the bank. We live in a society that allows for the flow of money and allows us to purchase without having to give the full amount – along as we eventually pay. As such, there are a variety of different types of liens for various situations. Some of the most common are as follows:
Mortgage Lien
When you first buy your home, you are then considered a homeowner; however, if you purchased your home with a mortgage – like most Americans – you have a lien against your property until you satisfy the mortgage. With a mortgage lien, your home is collateral for your mortgage or loan that you had to take out to purchase the home. If you do not make your payments, a mortgage lien allows the bank to take possession of and sell your home in order to recover the cost of the outstanding debt. A mortgage lien does not disallow you from selling your home or refinancing your mortgage.
Repairman’s Lien
A repairman’s lien is a lien placed by someone who has fixed something for you. This would include work completed by a blacksmith, machinist, farm equipment dealer, construction equipment dealer, welder, garage keeper, mechanic, or aviation operator. Unlike the mortgage lien, which is helpful in allowing people to purchase homes, an individual submitting for a repairman’s lien has already not been paid for their services and has exhausted their remedies for payments. Once the lien has been successfully placed, the item that has been fixed cannot be sold or, in some cases, released until payment has been made.
Construction Lien
A construction lien is a lien placed on real property by someone who has improved the real estate such as a contractor or subcontractor. Like the repairman’s lien, an individual submitting for a construction lien has already not been paid for their services and has exhausted their remedies for payments. Once the lien has been successfully placed, the lien attaches to the property and must be satisfied before the property can be sold.
With all liens, the tricky part is producing payment for the services. There are also many nuances in applying for liens. If you need help submitting the correct lien or collecting on a lien, please give one of our attorneys a call!
At Boppre Law Firm we have knowledgeable, experienced counsel, who will guide you every step of the way. Contact us below or call us today.