Different liens on the same property usually have priorities according to the time of their creation. To achieve the subordination of a prior lien, there must be an actual agreement to that effect.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
One of the ways in which a creditor could attempt to collect on their judgment is by placing a judgment lien on real property owned by the debtor. By filing a judgment lien, if the debtor sells any non-exempt property, you may be able to get all or some of the money you are owed from the proceeds of the sale.
General liens can be placed on all property owned by a debtor, not just real estate. For example, if you are going through a divorce, a general lien (attachment lien) can be placed on your property to prevent you from selling anything during the divorce proceedings. Specific liens only apply to specific assets.
Timing for Filing Lien Affidavits Remains Unchanged Original contractors must file the lien affidavit by the 15th day of the fourth month (for commercial projects) or the third month (for residential projects) after the month in which the work was completed, terminated, or abandoned.
To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
So, if you own real estate jointly with another person who is not your legal spouse, a judgment lien against the other owner may still attach to that property.
In Texas, the notice of intent to lien must be sent by USPS certified mail, or any other form of traceable delivery that confirms proof of receipt (keep the receipt for your records). The notice must go to both the owner of the property and the general contractor.
The document is usually called a Release of Lien, Lien Release, or a Deed of Reconveyance. It can be prepared by the owner or the Lien Claimant, but it must be signed by the Lien Claimant in front of a notary public and filed in the property records in the county where the property is located.
