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A banker's lien is a legal right arise in many common law jurisdictions of a bank to exercise a lien over any property in the custody of the bank as security. Lien is of two types: Particular lien; General lien; Particular lien confers to retain the goods in connection with which a particular debt arose i.e. A particular lien applies to one ...
A property lien can be either general or specific and voluntary or involuntary. A mortgage lien is a specific, voluntary lien. The priority of the liens on a property determines which debt will be ...
banker's lien—the right of a bank to satisfy a customer's matured debt by seizing the customer's money or property within the bank's possession. blanket lien—a lien that gives the lienor the entitlement to take possession of any or all of the lienee's real property to cover a delinquent loan.
An equitable lien takes effect essentially as an equitable charge, and arises only in specified situations, (e.g. an unpaid vendor's lien in relation to property is an equitable lien; a maritime lien is sometimes thought to be an equitable lien).
When there’s a lien, the creditor has the legal right to claim part of the property’s value to satisfy the debt, which can even result in a foreclosure if left unresolved.
Under lien theory. a mortgage acts to place a lien on the mortgaged property in favor of the mortgagee, and legal title is retained by the mortgagor. Judicial foreclosure is most often necessary as a remedy to default pursuant to mortgages within lien theory jurisdictions, and this process has been found to be cumbersome, time-consuming and costly.
The document used by lenders to obtain a lien on real property is a mortgage or deed of trust. The security agreement sets out the various rights the grantee will have with respect to the collateral, which are in addition to all other rights which the lender may have by law, such as those rights contained in Article 9 of the Uniform Commercial ...
Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, the lender can sell the property and keep the proceeds to pay off its mortgage and any legal costs, and it is typically said that "the lender has foreclosed its mortgage or lien".