We Have a First Lien on Some Property Do We Have to Refile Again Before 10 Years in Texas

Tin A Lien Be Placed On My Property Without Notice?

Are you lot worried well-nigh a lien beingness placed on your property without your knowledge? Or, worse notwithstanding, have you lot attempted to sell a holding merely to find out that a lien had been placed on it months agone and no one bothered to notify you? While it'south unlikely that just anyone can put a lien on your dwelling house or state, it's non unheard of for a court decision or a settlement to result in a lien being placed against a belongings. To avoid that situation, let'south accept a await at what kinds of events can lead to a lien and how you can fight them.

What Is a Lien?

Commencement, y'all should have a clear thought of what a lien is. In simple terms, a holding lien is something a creditor can attach to a property championship that says you owe them money. Until you pay that debt, your title won't exist considered clear, which means y'all tin can't refinance or sell your property. In that location are ii types of liens:

• Voluntary liens are contracts between a creditor and a debtor, such as a mortgage
• Involuntary liens are imposed by police force when, for case, a debtor falls behind in revenue enhancement payments

Involuntary liens can happen without observe depending on the state of affairs. Most commonly, a creditor will place a lien against your property afterwards it sues you lot and wins the instance. This is known as a judgment lien.

Judgment Liens

The creditor can apply a judgment lien on your property to ensure they receive the coin they won in a suit against you. After a creditor wins a lawsuit confronting a debtor, the court tin can grant information technology a certificate of judgment that can be given to a land records office in the county where the property is located. While no formal discover may exist given to y'all, you lot should always consider it a possible outcome post-obit a courtroom example with a creditor.

What Can Happen?

A property lien will remain in outcome until y'all pay off your debt to the creditor or if the judgment expires. In some cases, a creditor may decide to request a writ of execution and forestall on your holding. Nevertheless, except for tax liens, creditors usually forego foreclosure in favor of waiting to collect until your property is sold.

Considering mortgage payments are typically placed on properties earlier liens, those payments take to exist fabricated before the liens are paid. So, if a creditor forecloses, they take to continue making payments on the property or lose it altogether.  Instead, a creditor may choose to collect what's owed to them when yous sell the property. Buyers won't usually buy a property without a clear title, so you would need to pay off your lien before existence able to sell.

Bank check for Property Liens

If yous're worried about a lien being placed against your property without your noesis, yous tin check to make sure that hasn't happened since most property liens are public records. Your city or county recordings office should accept the information you need.

How to Help Prevent and Fight Against Liens

If in that location's whatever possibility that a creditor could endeavor to identify a lien against your property, be ready to fight. Certificate every attribute of your conflict with them: letters, phone calls, emails, etc. Although information technology'due south not always possible to easily clear up debt, try your best to straighten it out.

Should you lot receive discover that a creditor is seeking judgment against you, don't castor information technology off. Respond in writing and prove up to any courtroom dates with an attorney and documentation of your financial situation. If the ruling is not in your favor, continue your ear to the ground in case the creditor decides to create a lien.

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Source: https://www.beierlaw.com/blog/can-lien-placed-property-without-notice/