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A lien review is usually conducted by the borrower or their legal representative to ensure that there are no existing liens on the property or asset being purchased. In simpler terms, you may say that if you purchase a car with a loan, the bank from which you obtained the loan will put a lien on the vehicle.
What does this lien represent, though? To make it easier for you to understand, you could say that it provides the lender with the legal authority to go through the legal process, such as foreclosure or repossession to seize the asset you borrowed the money for if you cannot repay the loan in the allotted time frame. In the financial industry, the concept of a lien is crucial.
What Is Lien and How Does It Work?
A legal claim or right against the properties used as collateral to pay off a debt is referred to as a lien. In addition, a lien may be created by a court order or a creditor. A lien can also be created by statutory law, such as tax liens imposed by the government. The lien's function is to ensure the fulfillment of an underlying commitment, such as loan repayment. The lender or creditor has the legal power to seize the asset subject to the lien if the borrower fails to fulfill this fundamental requirement. Moreover, many kinds of liens are used to protect assets.
Bank, real estate, and tax liens are the three basic categories of liens. Property contracts must be honored, and the lender has the legal authority to sell the property and confiscate it if the contract is not honored. Different types of liens may exist based on who created them. A lien may get created by a tax agency, a creditor, or a court order. The risk that the borrower will not pay back the loan on time or at all is always present for the creditor when they extend a loan to a client, and the concept of a lien is very helpful in preventing this.
Without the borrower's or lien holder's permission, a lien gives the creditor the legal right to take and sell the underlying assets or property that are the subject of the lien. The proceeds from the sale of the asset are used to satisfy the debt owed to the creditor. A floating lien is granted against an inventory or any other type of immovable property.
Although liens, such as the lien on a property for a debt, are frequently voluntary and contractual, there are also involuntary or statutory liens. Involuntary liens get created when a creditor or lender sues a borrower for failing to repay a loan. A lien may be put on assets, such as real estate and bank accounts after such legal action is initiated.
Some liens are also submitted to the government to inform the public that the lienholder has a claim on the asset or property. If someone is interested in purchasing an item or piece of property, they can learn that it is subject to a lien by consulting the public record of that lien. In addition, liens can be included in loan agreements. For instance, liens on the underlying property are included in home and auto loans if you cannot make payments. In addition to contractors and lawyers, mechanics frequently include liens in their service agreements.
When someone uses the personal property to "secure" a loan, the loan agreement incorporates a lien against that asset to ensure timely payment. The lender is aware that he will still be able to get their money back even if you don't pay back the loan. Liens are another tool used by courts to carry out their rulings. Once a person has lost in court, a legal debt is created with several enforcement options in the event of nonpayment.
Are All Legal Instruments Liens?
It is necessary to realize that liens are a formal way to enforce a loan. It implies that even if you stop making payments, default, or otherwise cause this clause to be triggered, they do not grant the creditor any automatic rights over your property. Although it is stated that creditors can automatically execute a lien, this is untrue. A creditor must go to court and obtain a judgment before they execute a lien. Banks, lenders, or other creditors must first demonstrate to the court that all of the contract's requirements have been satisfied.
The court will then issue an enforcement judgment, and this court order serves as a real estate transfer. Due to their regularity, liens seem to be privately enforced. Although everyone has the right to a hearing, many courts approve collection requests without ever holding a hearing. Besides, most courts allowed these petitions without reviewing them, resulting in thousands of unauthorized foreclosures.
Banks and lenders will enforce liens illegally without requesting a judicial injunction and take possession of personal belongings when someone doesn't pay a loan. In addition to unlawful repossessions, some lenders keep the entire sale earnings regardless of the amount the debtor owes.
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What Are the Lien Rights and Responsibilities?
It is essential to note that liens are unique to state and local laws, just like most personal property regulations are. Make sure to investigate your obligations and rights based on where you reside. However, in most cases, paying off your obligations is the only way to get your bills under control and get rid of liens on your property. Generally speaking, a lien has no applicability to your title or possession of the property as long as you continue to make payments toward the underlying obligation.
Only if you fail to make payments and the creditor obtains a judgment does the lien impact your ownership. You no longer fully own the asset, subject to the sum in question, at that moment. Most liens impact your capacity to sell the asset, which is the most frequent exception. Depending on the particular contract, this will take a form. Some liens prohibit the asset's sale until the debt has been settled. In those circumstances, the lien holder wants to keep the collateral whole.
Others state that you must settle the loan if you sell the asset. For instance, a standard mortgage does not prevent you from selling the home. If you sell, you must use the revenues to settle any remaining loan balance. As mentioned above, a creditor may also be able to compel a sale when a lien is enforced.
Key Terms
- Acceptance: A customer's or seller's contract to enter into an agreement and be bound by the terms of the proposal.
- Amortization Term: The duration required to amortize (pay off) the mortgage or loan, expressed in months.
- Call Option: A prerequisite in a loan that allows the lender to accelerate the debt and demand complete payment of the loan instantly at the end of a specified duration or for a particular reason.
Conclusion
By claiming a legal claim over the percentage of the debtor's assets equal to the outstanding loan sum, you can use a lien to ensure payment of or collect on a debt. A lien is a legitimate claim frequently utilized with loans for high-value assets like cars or homes. Seizure and bankruptcy sales frequently sell assets at prices well below market value. If you are looking for dependable attorneys to perform a lien review, our experts at ContractsCounsel are there to help you. To avail of our services, all you need to do is post your query, and our lawyers will reach out to you in no time.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
