Title Search - Involuntary Encumbrance - Involuntary Encumbrance Documents - US Mortgage

Module 9 – Involuntary Encumbrance Documents

Tax Lien:

It is a lien on a property by Local, State or Federal Government for the amount of due and unpaid taxes. A Tax Lien is released of record by recording a “Release of Lien”.

Judgment Lien:

It is a lien on the property of a debtor resulting from a court’s judgment.

A Judgment lien is generally released of records by recording of a satisfaction of the judgment.

Types of Judgment:

1.      Abstract of Judgment

2.      Support Judgment

3.      Mechanic’s Lien or Supplier Lien

1. Abstract of Judgment:

The Judgment that is abstracted by the creditor from the original judgment issued by the court which would list the details of the debtor, creditors and the amount of the judgment.

2. Support Judgment:

The Judgment that is issued in the event of divorce and the non-custodial parent is asked for the support and maintenance of the child till they reach adulthood, and the husband is also asked to pay for the support and maintenance of the divorced wife.

Support Judgment is periodic payments which may vary in amount.

Alimony: The amount paid for the support and maintenance of the child and spouse.

3.Mechanic’s Lien or Supplier Lien:

It is a lien recorded against the owner of the real property by the party who provided services to the construction or improvement of the property but not compensated for such services.

Unpaid Material or Repairing charges to the Labours.

Most common Liens and Judgments:

Condominium Association Lien - Unpaid Assessment Charges

State Tax Lien - Its filed by the state government for the unpaid state income tax. This lien will be filed against all real and personal property of the delinquent tax’s payers.

Federal Tax Lien - It is a lien executed by federal government against all assets of a delinquent tax’s payer. IRS - Internal Revenue Services is the taxing authority of the United States Federal Government.

Federal Judgment - It is any Judgment issued in favor of the US or any of its agencies. They are usually abstract of federal judgments filed in courts and counties where the property resides.

HOA Lien - Missed to pay maintenance charges in association. Field against to the Real Property Owner.

City or County Tax Lien - Unpaid Service Charges like sewer, water, drainage, etc.

FIFA - Judgment is related to the Tax.

Municipal Lien - means a lien on Benefited Property which secures the obligation to pay real property taxes, municipal charges or governmentally imposed assessments in respect of services of benefits to a Benefited Property.

Code Enforcement Lien:

Code Enforcement Lien means a lien recorded to collect outstanding civil penalties, administrative fees, and costs. This Notice is issued by City Building Official or Code Enforcement Board for the existing violation or public nuisance on the real property.