Westfield Lien Attorney
Representing the rights of NJ clients facing liens on property
A lien is a legal claim against a property made by a party to secure a debt. Property owners would like to have a title that is “clean” of claims. Simply put, if you have a lien against your property, it is being used as collateral for money that is owed. If you were to try and sell a property with a lien, you may be faced with major complications. Most buyers avoid dealing with real estate that is impacted by liens. If your property has a lien, it is important to consult with an experienced real estate lawyer to defend your rights and help you mend the issue. Contact Joseph Gachko, Attorney at Law for a consultation to discuss your matter.
Types of Real Estate Liens
Basically, there are two main categories of real estate liens. A voluntary lien is a contract between a creditor and a debtor. We see this type of lien in mortgages. The lender owns the property until the debt is paid. The other type of lien is involuntary. This is when an outside party holds a property as collateral for an outstanding debt. Some of the liens that fall under this category include tax liens, mechanic’s liens, and judgment liens.
What is a tax lien?
A tax lien is usually imposed to collect back taxes. It can include property taxes, income taxes, or other taxes that are deemed delinquent. This lien is imposed by the government and can impact your credit score and make it very hard to sell your home. If a tax lien is impacting your title, you should contact an experienced real estate attorney.
What is a mechanic’s lien?
A mechanic’s lien is usually imposed to collect a debt on unpaid work regarding your home. Also known as a construction lien, subcontractors, general contractors, and suppliers can file a lien against your property, impacting your title. This is a complicated matter because your title can be subject to a lien if the general contractor did not pay others for the work they did. Though you did nothing wrong and would probably have cause to pursue legal action against the general contractor, your property is still impacted and you should speak to an attorney.
What is a judgment lien?
A judgment lien can be imposed on a property by a court that needs to enforce an outstanding debt from a case decision. Judgment liens can result from many different court cases, including criminal, civil, and family cases, Motor Vehicle Commission surcharge debts, Certificates of indebtedness from the office of the Public Defender, and even delinquent probation fines.
Selling your home with a lien
An involuntary lien will have a major impact on your ability to sell your home. Many buyers expect that the title will be clean before the transfer. One of the many steps of a real estate transaction is a search of existing liens. If one comes up for your property, it could ruin a good situation. Though there is no law against buying a property with a lien, buyers may avoid working with you and, in some cases, mortgages can be denied.
Contact our Union County property lien dispute law firm
If your property is impacted by a lien, you need to consider acting quickly. If you are selling your home, having a lien impacting your title imposes undue stress in an already complex time. If you need quality legal support to help alleviate your property of any lien, contact Joseph Gachko, Attorney at Law for a consultation to discuss your legal matter.