Tennessee General Liens Questionnaire

State:
Multi-State
Control #:
US-Q1023
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.
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FAQ

California laws governing lien priority generally follow the ?first in time, first in right? rule, which states that whichever lien has been recorded first holds a higher priority than recorded liens that follow.

Can you tell me if there are any liens/mortgages/encumbrances on a piece of property? This is one service that is not provided by our office. To determine the requested information, you must perform a title search, which is usually done by an attorney or title company.

Tenn. Code § 47-9-333 (b)Priority of possessory lien. A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

File your lien with the register of deeds Record your completed form, along with a sworn statement for the lien amount , with the register of deed's office in the Tennessee county where the property is located, and pay the recording fee.

A lien that has priority over another lien is called a "superior" lien. A low-priority lien is called a "junior" lien. If a home has more than one lien, priority determines the lienholders' rights following a foreclosure sale.

In Tennessee, the title is given to the owner, or if applicable, the first lienholder. When a lien is satisfied, the lienholder is required to sign the release on the title, forward title to the owner and notify the Division within seventy-two (72) hours of the release.

California follows a ?first in time, first in right? system of lien priorities, giving priority to the first recorded conveyance. This priority system is known as the ?race-notice? theory, favoring a purchaser or encumbrancer who acquires a lien in good faith and for valuable consideration.

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Tennessee General Liens Questionnaire