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Tax Liens Discussed

How do I find out if a lien has been filed against my property?

You will need to search records from your city or county clerks recorders office or call the office with your name and or property tax ID number to find out if a lien has been placed against you or if a recorded lien has been released.

Some recorders offices can be accessed online to check the records by entering your name. Contact your county or city offices to see if this option exists in your area.

How and when does a judgment become a lien against property?

A judgment attaches automatically and instantly as a lien against the real property of the judgment debtor, and continues as a lien against the debtor's real property as long as the judgment remains valid (up to twenty years).

How do I get a property lien released?

The Recorder's Office cannot remove any liens placed against you. To have a lien removed, you will need to contact the party who placed the lien.

How do I have a security interest or lien removed from my title?

The secured party or leinholder is required to file a release of security interest or lien with the recorders office. If they have not done so, the clerk will return the title to you asking that it be resubmitted with a release of security interest or lien.

When will the lien on my property be removed?

To remove a property lien, all collection actions must have ended showing you have paid the lien accounts in full, or come to an agreement of satisfactory fulfillment with the party initiating the lien. That party should file a release of lien with the recorders office.

How do I find out why a lien was filed on my property?

Most liens are created as a result of a lawsuit. Certified copies of judgments, which affect title to real property, may be recorded. Generally the Registrar-Recorder/County Clerk serves notification by mail to debtors when an involuntary lien is recorded against them. If you have received a copy of a lien and have questions, you must contact the person or agency that filed the lien. In the case of a IRS lien you will need to contact the IRS or your accountant.

When is a tax lien filed?

A lien may be filed in any case in which an assessment of tax or interest against you or your propert has been made and has become final. The lien may be filed for record in the recorder's office of the county in which the person resides or owns property. The lien attaches to real or personal property or interest in real or personal property owned by the person or acquired by the person after the filing of the certificate of lien.

Can Medicaid place a lien on property or recover against an estate?

Aside from the resource rules described above, there are many exemptions, the biggest one being a homestead. However, Medicaid may impose a lien on a recipient's property under certain limited circumstances. States are also required to seek recovery from estates of Medicaid recipients. There are complex rules on estate recoveries.

How can I find out if a security interest or lien is filed on a vehicle?

A lein on a vehicles means that someone else has a financial interest in your vehicle. If you sell the vehicle, then the leinholder will need to be paid before the title can be transferred.
When you purchase a vehicle using a loan, the bank that issued the loan will place a lein on the vehicle. This prevents you from selling the vehicle and walking away with the cash. Leins can also be placed on vehicles by creditors to who the vehicle owner is in debt to (if the vehicle is owned outright - if there is already a lein on a vehicle, another one cannot be placed against it). Your title will list the lienholders of the vehicle.

What can I do if I receive a notice of creditor sale on my car?

A creditor letter may be issued to you stating, this is to inform you that an application for authorization to hold a lien sale on this vehicle has been filled by the lienholder. This notice is telling you that someone wants to sell your vehicle to satisfy a debt. Usually because you are behind on payments for the vehicle. You can sign the form of opposition included with the letter, but if you truly owe the money, you are just delaying the inevitable - the lienholder will just take you to court, where a judgement will be ruled against you.

If you don't owe any money, it is not legal for a lienholder to simply sell a vehicle from under you. In that case, you do want to sign the declaration of opposition, and it will all be straightened out. But, you may need to hire an attorney to assist you with the process.

What is a Mechanic's Lien?

A mechanic's lien is a legal process which seeks to guarantee payment for contracted services rendered on an improved piece of property. Depending on the laws of any particular state, contractors, subcontractors and suppliers can file mechanic's liens within a certain amount of time after the work has been completed and payment has not been received, generally 90 days. A mechanic's lien extends to both the structure and the land beneath it. Until the debt is paid, the landowner does not own a clear title.

If I filed no returns why do I still owe money?

Why has the state filed a lien against me?

Even if a business was not operating during a claim period, penalties may be incurred due to the failure to timely file the necessary paperwork. Lien releases will be provided for claims that are resolved, but if the lien was properly filed the debtor will be responsible for the payment of the fees associated with the lien release.

Why wasn't I notified of a state lien placed on my property?

A lien or certificate of judgment may be filed once a claim is certified to the Attorney General for collection. Prior to the claim being certified, the State Agency involved would have notified the debtor on several occasions. Once a judgment is rendered, the Attorney General has the authority to file the lien on behalf of a client agency.

Why do I have a lien on my property for a past due water/sewer bill?

Periodically, the Sewer Division will place liens on properties for unpaid sewer charges that are over 90-days past due.

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