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Mechanic's liens are enforced exclusively through judicial foreclosure sales, i.e., through court proceedings similar to mortgage foreclosures. The court must determine whether the requirements of the statute have been met and, if so, the priority of the mechanic's lien being foreclosed relative to the other liens or encumbrances on the title.
Not so. First American, one of the largest title insurers in the U.S., maintains a list of some 70 possible defects, including: A forged deed. An undisclosed divorce. Undisclosed tax liens. A ...
In Mechanic's lien law a Notice of Intent to Lien (also known as a Notice of Intent, a Notice of Intent to File a Mechanics Lien, an intent notice, an NOI, or a notice of non-payment) is a type of preliminary notice that warns the property owner, prime contractor, and/or other party on a construction that a mechanics lien or bond claim will be filed unless overdue payments are made within a ...
In Mechanics lien law a Preliminary Notice (also known as a Notice to Owner, Materialmens Notice to Owner, Notice of Furnishing, Contractor/Subcontractors Notice to Owner, and others) is a notice sent by the general contractor, subcontractor, materialmen, equipment lessors or other parties to a construction project not to create a Mechanics lien but rather to establish the right to file a ...
There’s one exception to lien positioning, however: money owed to the government, such as federal and property tax liens. These trump the “first in time, first in right” rule.
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concurrent lien—means one of two or more liens over the same property. consummate lien (United States)—a judgment lien arising after the denial of a motion for a new trial. conventional lien (United States)—a lien created by agreement between the parties in circumstances where the law would not otherwise create a lien.
One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. [3]
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