Can a lien be placed against a house that already has a mortgage on it?
Full Question:
If a house is mortgaged with the mortgage company as lien holder. Can someone else put a lien on that house?
05/11/2007 |
Category: Real Property ยป Liens |
State: North Carolina |
#4484
Answer:
A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. Some liens arise by statute or by the operation of law without the consent of the property owner. These laws give a creditor the right to impose a lien on an item of real property by the existence of the relationship of creditor and debtor. These liens include:
tax liens, imposed to secure payment of a tax; mechanic's liens, which secure payment for work done on property or land; and judgment liens, imposed to secure payment of a judgment.
A federal tax lien may arise in connection with any kind of federal tax, including but not limited to income tax, gift tax, forgiven debt, or estate tax. Internal Revenue Code section 6321 provides: If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belong to such person. A judgment lien is created when a plaintiff gets a judgment for money damages against a defendant and records that judgment in the county where land of the defendant is located.