A Lien is an encumbrance against the property, which may be voluntary or involuntary. There are many different kinds of liens, including a tax lien (for unpaid federal, state, or real estate taxes), a judgment lien (for monetary judgments by a court of law), a mortgage lien (when you take out a mortgage), and a mechanic’s lien (for work done by a contractor on the property that has not been paid for). Learn more here about different kinds of liens.
Home Equity Line Of Credit Counts As Second Mortgage
A home equity line of credit is a loan that uses the property as collateral. A homeowner recently took out a home equity line of credit and now has a second mortgage listed on his homeowners insurance. The home equity line of credit is a lien against the property and is listed as the second mortgage holder.
What Is A Lien?
What is a lien? A lien is the right to hold or sell a property to pay a claim against your property. Types of liens include mortgages and second party liens like mechanics' liens. In a mortgage lien your home is the collateral. Learn about the different kinds of liens and why they are issued.
Quit Claim Deed Won’t Remove Lien
When you owe money to creditors they may put a lien on your home. When you sell your home you have to pay off the liens with the proceeds from the sale. Transferring ownership of your home using a quit claim deed will not remove the liens. Using a quit claim deed in this situation may be a fraudulent conveyance.
Quit Claim Deed And Mortgage Assumption
Managing real estate from out of state can be difficult. You may be able to get a family member to agree to take over mortgage payments on a property that you own but your name remains on the mortgage loan unless that loan gets refinanced. A quit claim deed transfers property ownership rights but does not change who's responsible for the mortgage. You should first try to work out a situation like this with family members and if it doesn't work out you may have to hire an attorney.
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Quit Claim Deed May Not Protect Property In Lawsuit
Transferring property just before or during a lawsuit without payment may be seen as a fraudulent conveyance -- as if you were trying to shield assets from the lawsuit. Even if you sign a quit claim deed giving up your interest in a property, the court can overturn that quit claim deed and award the share of the property to the victor in the lawsuit. Learn more about how the timing of a quit claim deed can put a property at risk.
Medicaid Lookback Period Could Reverse Home Transfer
A daughter asks about her father's eligibility for Medicaid after he transfers his home to her. Will his eligibility for Medicaid be affected by the transfer of his real estate wealth? Find out about eligibility for Medicaid and the Medicaid lookback period.
Retirement Home
What should you do if you've bought a retirement home but haven't yet sold your current home? If you don't sell the home, you could be forced into foreclosure if you can't pay both mortgages. You may need to ask your mortgage lender to allow a short sale as full payment.