Fighting & Removing A Lien on Your Property

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When you hire a contractor to work on your property and they don't do the work, it's reasonable to not want to pay them. But some contractors use what is known as a mechanic's lien to try to force you pay. At this point, problems are starting to add up: your house still needs the work done and now there's a lien on it. A lien can make your house difficult or impossible to sell, your ability to get a loan will be reduced, and it can damage your credit score. So what do you do? How do you get a lien removed from your property? Your attorney through our Legal Protection Subscription Plans will be able to walk you through the process in your state for your specific situation at no additional cost, so learn more about all the benefits of membership and read on for more information about getting a lien removed from your property.

A lien is a security interest that is attached to a property to ensure payment. Liens must be satisfied before you can typically sell your house. Contractors and other workers are not the only people who can put a lien on your house; liens can also be obtained through court judgments, and these typically come from the IRS, a former spouse or business partner, a state government, and other types of creditors.

A real estate lawyer is going to be your biggest asset when it comes to disputing a lien. The first thing is to file what is known as a "preliminary objection" with the court. Your attorney will be able to help you with this. This court filing will detail the reasons you believe the lien to be improper, and can include reasons such work not being done, lien filing outside of the permitted time constraints, improper licenses or registration, among others. These are all reasons that the lien may be found by the court to be unenforceable. Different states allow for different types of objections, and your lawyer will be able to give you advice.

Sometimes, it is best to negotiate with the person who filed the lien, even if you believe that it is money that you should not have to pay. If you are in a time crunch, though, sometimes negotiation can get the lien removed quickly and for less money than the lien holder is asking for. Sometimes, the lien holder of a mechanic's lien will offer to do additional work for the full price, as well.

Another option if you need the lien settled quickly is to obtain a lien bond. Also called "bonding off," this means that you get a bond from an insurance company that covers the amount of the lien. These kinds of bonds are called "surety bonds" or “lien discharge bonds," and they work by an insurance company assuring the county clerk that you are able to pay the lien if the courts decide that you have to, and the lien will be legally attached to the bond rather than your property. This should be considered an option only if you are in a hurry to refinance or sell your house; typically, negotiation with the lien holder is a better option, and a court decision is another avenue.

Filing a suit to vacate the lien is the most aggressive choice to fight a lien, and you will need an attorney familiar with real estate, liens, and the laws in your state. The lawsuit will force the lien holder to explain why you owe them money and give you the opportunity to explain why you don't. In an example of the poor, unfinished, or shoddy remodel, you will be allowed to show evidence that the contractor did not complete the work to the scope of the contract or agreement and provide evidence of that fact. If you win, the lien will be removed from your property and you may even be awarded damages. As with all lawsuits, the outcome is unpredictable, and the process can be expensive and time consuming. Whether it is worth it to you and your specific situation to pursue a lawsuit is a question for your attorney.

If you have questions or need advice about getting a lien removed from your property, the lawyers in our network of law firms across the US, Canada, and UK can make the process affordable. For just $29.95 per month, you can have access to legal advice from experienced, dedicated attorneys for all of your legal questions, from liens and real estate to consumer finance, to contracts and agreements, to estate planning and more. Learn more about all the benefits of membership in our Legal Protection Subscription Plans for Individuals & Families or sign up today!

A Guide To Placing A Lien On A Property

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A property lien can occur when someone owes you money and doesn't pay. Liens can take time, and different states have different laws regarding liens, and you should seek legal advice if you need to get one, but they can be effective tools if someone hasn't completed a payment they owe you. Members of our Legal Protection Plans - both for Individuals & Families and for Small Businesses - can get legal advice any time from experienced, dedicated attorneys in our network of member law firms.

A lien is a claim against an asset used as collateral against a debt. Placing a lien against the property for debts owed is one tool commonly used to collect money that hasn't been paid. You will need a court judgment to secure a lien against the property, and some states let creditors get a lien once that judgment is entered, and other states require the creditor to record the judgment with the county before a lien is granted. Each state also sets its own price to create a lien.

A lien creates pressure on a debtor to pay the creditor, as a creditor may be able to take possession of the asset if the debt is not satisfied. There are two types of liens: judgment liens and mechanic's liens.

A Mechanic's lien is the most common type of lien, and it is used in the construction industry by contractors and subcontractors when they don't receive payments owed. A mechanic's lien is filed in the county where the work took place and it includes a bill for the work done. The lien must then be responded to, and then a court date will be set. A lien will be confirmed if the court sides with the contractor. If the debt isn't satisfied within a certain time frame, the contractor would then be able to possess the property.

Judgment Liens work similarly in that a claimant would be able to possess the property, but it is filed for reasons other than failing to pay for work that was performed.

The general process for filing a lien begins by giving the debtor notice - called Preliminary Notice - that you intend to place a lien on their property. The process of preliminary notice varies from state to state, so you may need a form from your county. Your attorney through our Legal Protection Plans will be able to give you advice for your specific situation. Depending on your state, you may have a deadline to file a lien; some states limit this to 60 days, while others give you up to a year.

You will need to complete a title search to ensure that the debtor is the owner of the property in question and to ascertain if there are other liens on the property; if there are other liens, you will essentially "get in line" behind other creditors in order to collect.

The forms for liens are typically short but include details regarding who is owed money, who owes the money, the property in question, and the work done. Some state require affidavits - also known as sworn statements - and your attorney will be able to give you details as to the laws in your state regarding these details.

The next step is notifying all parties of the lien, including any other lien holders, if there are any. Once all the parties are notified, a court date is set, and, if the court finds in your favor, you can enforce the lien. If the debt isn't paid within the time frame set by the court, the court can force the property to be sold to satisfy debts.

If you need help getting paid for work you've done or for other reasons and need lien, your provider attorney through our Legal Protection Plans for Individuals & Families and for Small Businesses will be able give you advice and assistance for one low, monthly subscription. Learn more about all the benefits of membership to our Legal Protection Plans for Individuals & Families, Legal Protection Plans for Small Businesses, or sign up your family or small business today!

Understanding Quitclaim Deeds

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Removing someone from a deed is a legal process that generally requires the person's permission; however, there are certain situations in which you can remove someone from a deed without their consent. It is very important to consult with an attorney when pursuing a quitclaim deed, whether you have that person's authorization to do so or not. Our experienced, dedicated network of attorneys can provide legal advice and assistance for as little as a dollar per day. Learn more about all the benefits of membership in our Legal Protection Subscription Plans and read on for more information about removing someone from a deed.

What is A Quitclaim Deed?

A quitclaim deed removes someone's name from a deed as an owner of a property. To get a quitclaim deed, you will need the property information from the current deed. You can usually do this by contacting the county clerk where the property is located and conducting a title search. From here you can confirm that the person in question is, indeed, named on the deed. In some states, you'll also need a completed quitclaim deed form that includes the parcel number and legal description of the property. This form must be signed and notarized. If the form is not notarized, it is not valid.

You will submit the completed form to the proper authority in accordance with the state laws where the property is located. Some states charge a fee for this. Make sure to retain a copy for your records.

There are many reasons that you might want to remove a person from a deed, including:

Divorce - One of the most common reasons people seek a quitclaim to a deed is the dissolution of marriage. A quitclaim deed is a document that states your right to transfer a property; however it doesn't guarantee that someone else doesn't also have a claim to it. Quitclaim deeds aren't used to split property or the appreciation of it, and it doesn’t remove someone from mortgage liability. They are only used to convey ownership of a property to another partner.

Death - If a joint owner of a property has passed away, you may be able to transfer the property from the deceased's name to yours by submitting some paperwork to the appropriate authorities, in some states. These documents include a death certificate, a notarized affidavit, and a new deed that is also notarized.

Inheritance - Inheriting or co-inheriting a property can mean disagreements regarding the sale of the property if some of the co-owners don't wish to sell. One legal avenue is a partition action, in which the court can order the property to be sold and the proceeds divided among the co-owners, or the property itself can be divided among the co-owners. Because this is a legal court action, this can take time and be costly.

If you need advice or assistance regarding transferring ownership of property through a quitclaim deed or another legal method, your attorney through our Legal Protection Subscription Plans for Families & Individuals may be right for you. Our network of experienced, dedicated attorneys are available 24/7 through our app to answer any legal questions you may have, all for one low, monthly fee of $29.95. Learn more about all the benefits of membership or sign up today!

Real Estate Attorneys Make Selling Your House Easier

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Many people don't realize how much a real estate attorney can help when they're selling a house. The thought of hiring a lawyer to help sell your house may seem like a luxury, but, in some states, it is actually a requirement. Having a real estate lawyer on your side when things get complicated for the average homeowner - or even a real estate agent - can be invaluable, and our Legal Subscription Plans for Families and Individuals makes having a lawyer during the sale of your home affordable.

Local Laws

Some are surprised to learn that there are local laws surrounding the sale of real estate, and violating them unknowingly can be costly. A real estate attorney can walk you through any local laws or regulations and advise you on how to comply with them.

For Sale By Owner (FSBO)

When a home is sold without the aid of a real estate agent or a broker, it is called a For Sale By Owner (FSBO) arrangement.  While it is not illegal to sell your home without a professional representing you, there is a considerable amount of paperwork, documentation, and regulations that you will need to navigate. If you are selling your home on your own, a real estate lawyer can advise and guide you through the process and give you additional guidance if issues come up.

Judgments and Liens

Before you sell your home, you'll need to settle any adjustments or liens on the property. These kinds of issues should probably be addressed before listing the property for sale as they can scare away potential buyers. An attorney well versed in real estate law in your state can help you negotiate payment plans or otherwise ensure that these roadblocks are removed.

Title Search

Liens and Judgments typically are found during the title search process, but the title search can also uncover other problems, such as clerical errors, unknown heirs or claimants, or illegal deeds, any of which can slow down or stop the sale process. Real estate attorneys are experienced dealing with these issues and can prove invaluable.

Easements

An easement is an agreement with another party that grants them rights to access your property or build on your land for certain purposes; for instance, the local government may have the right to put in utility lines through your land. Certain buyers may turn down buying your property based on these agreements, depending on how restrictive they are. A lawyer can help you through the process of determining the restrictions and how durable the agreement is and if the agreement may be dissolved, and, if so, how that can be done.

Home Sales After Divorces

Selling a shared marital home can be stressful, and the situation can be complicated if both spouses are named on the deed. A real estate attorney can help you unravel the question of ownership and the division of the asset.

Foreclosures

When the unexpected happens, having an affordable option to legal advice can help you move forward without breaking the bank. A real estate attorney through our network of qualified, dedicated law firms can help you negotiate with your mortgage lender to adjust or refinance your home, helping you avoid foreclosure. If this option won't work, your lawyer can also help you negotiate a possible short sale with loan forgiveness.

Tenants

Renters can help with a mortgage, but they can also sometimes present their own set of problems, especially when you want to sell your home. Tenants have rights and cannot be evicted because you're selling your house. An attorney can advise you on the legal aspects of your tenant so that you stay within the law to your renter and selling your home.

Estates

When you inherit a home, selling the asset can be complicated. Estate sales are one of the main reasons that people contact attorneys regarding real estate, and for good reason. An experienced, dedicated real estate lawyer can make sure that the sale of an inherited property is done properly and that the tax burden doesn't weigh you down.

All of the above aspects of selling a home are great reasons to contact a real estate attorney if you're considering selling property, and with our Legal Protection Plans for Individuals and Families starting at just $29.95 per month, it is an affordable option to making sure that the sale is as easy and stress-free as possible. Learn more about all the benefits of our legal subscription plans or sign up today!