Posted on 12/26/2012 10:40:10 AM PST by Alberta's Child
I'm looking for some help from anyone on FR who has some knowledge about commercial real estate, priorities of liens, and other similar matters. I'm dealing with a strange situation where I've come across a lien that appears to have been filed in error, and before I proceed with any legal action I just need some general insight on how the process works and how other lienholders may be involved (or not).
Is this a “workman’s lien?”
You will need to talk to those that are familiar with the laws in the state where the property is located. Laws vary from state to state.
Also sometimes called a “Mechanic’s Lien”
No. It’s probably similar in terms of lien priority, though. It’s a condominium assessment lien.
Is it extensive or just a missed payment? Sometimes, it’s easier to clear the lien if it’s small.... either way, it will have to be cleared unless there is a question about proof of actual payment or not.
That’s a good point. Thanks for the heads-up.
Call a lawyer.
Call the legal department of the largest title insurer in your state.
And/or contact an attorney specializing in real estate cases, in your state.
http://en.wikipedia.org/wiki/Title_search
Real estate law is different in every state, and sometimes interpreted differently in each county. It’s hard to speak in generalities.
npcw has it pegged.
That being said, condo liens can be a big problem. In some states the owner's interest can be foreclosed over just a few dollars, other states provide a little more protection. And you'd need to know the state's laws as to the interplay of condo liens, tax liens, mechanic's liens and consensual liens.
We’ve already got the lawyer lined up. I’m not looking for legal advice; I’m simply asking some general questions about some unique circumstances in this case.
“I’m simply asking some general questions about some unique circumstances in this case.”
Answers to ‘general questions’ and ‘unique circumstances’ don’t really fit together. If there are unique facts, you need unique advice, preferably from a lawyer that works with condo law.
Google quiet title
Advice you receive for free is usually worth it.
legal advice, medical advice, and internet don’t mix well.
Obviously, some local lawyer will have to be consulted, but a little background info or even anecdotal experiences is a good way to formulate questions and try to get your head around an issue.
When I taught people to do research, I told students that the best way to get started with a subject they knew nothing about was to go to the children's non fiction section of a library. That doesn't mean you *end* there!
A condo/HOA lien is just behind the IRS and local RE tax in priorities. In FL a number of HOA’s have foreclosed on the REO properties because the banks did not pay the fee. this priority is usually by state statue but could also be in the original condo/HOA filing defining its priority.
It may cost a couple of hours to have an RE atty research and confirm the priority.
I buy tax liens but I am not a RE atty, althought I slept in a Holiday Inn once so what does that make me, just another a-hole with an opinion.
After the requisite people chime in to tell you who you should ask, you might be surprised at the insight you may gain. I once asked a question about septic tanks, and was quite gratified with the information I got.
Exactly. I’m exchanging Freep-mails with a couple of folks who have some good information (NOT legal advice) about this situation.
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