personal lien

[TrustUser]

does a recorded personal lien attach to real estate that the same individual owns ?

 

[Zigner]

What state?

 

[quincy]

does a recorded personal lien attach to real estate that the same individual owns ?

California?

Please explain better what this "personal lien" is for. Thanks.

 

[Zigner]

California?

Could be - but since the answer is going to depend on the state, it's probably a good idea for it to be clarified.

 

[quincy]

Could be - but since the answer is going to depend on the state, it's probably a good idea for it to be clarified.

Agree. TrustUser lives in California, though, which is the reason for my guess. And the state name is just one thing that needs clarification.

 

[zddoodah]

does a recorded personal lien attach to real estate that the same individual owns ?

As long as it is filed/recorded with the appropriate agency, any lien attaches to whatever it says it attaches to. If you want a better answer than that, you should explain what "personal lien" means, tell us where this lien is recorded and identify a relevant jurisdiction.

 

[quincy]

In other words, a judgment lien can attach to real property or personal property. For real property, however, the lien cannot be satisfied until the owner sells the property or refinances.

 

[TrustUser]

california, sorry

i am getting a small loan on an investment property

title asked me for my social, cuz there were multiple people with my name. they settled for the last 4.

i have never had title ask me for my social, and i have been through quite a few real estate trx

since this was an equity loan, not a credit loan, the only thing that was relevant was things to do with the property itself, like liens on the property, insurance on the property, etc.

demands from the lender that i had fulfilled.

it turns out that none of those people were me

but i was wondering, for the future, if personal liens could be attached to real estate - in the sense that my lender would only be in 2nd position, since his lien date would be after the others. if so, i understand why the search was done.

if not, there is no reason to have searched in the first place

i AM EXTREMELY HESITANT to give out my social to anyone. it has been used as an identification number for a long time. i am old enough to have a ss card that says "not to be used for identification". most people arent even aware of that. they stopped using it for medicare just a year or two ago.

someone steals your credit card info, which happens every once in awhile, you notify your issuer, they cancel it and send out another one. someone steals your ss info, and you are up blank creek, without a paddle

so i try to stay informed of any system in which i am involved.

 

[quincy]

Providing your social security number when seeking a loan is standard.

Yes, your lender can place a lien on the property.

 

[TrustUser]

In other words, a judgment lien can attach to real property or personal property. For real property, however, the lien cannot be satisfied until the owner sells the property or refinances.

hi quincy, in my area the title company always issues a prelim first, which shows all the liens on the property. so i do not think that any of these other liens had anything to do with my property, which is why i got angry to begin with.

 

[TrustUser]

yes, if you are using a lending institution, you need to give out your social to them. not to the title company. in this case, i got a short term equity loan from my business partner, so no social was given.

 

[TrustUser]

the title company was doing a search on my name, much the same as a lender might do for a credit report

 

[TrustUser]

maybe a simpler way for me to ask my question is this

if someone were to place a lien on me, do they have the legal right to that claim when i sell a piece of real estate ?

for example, lets say i dont pay a $1000 bill from company ABC, and they do whatever is normal in terms of placing a lien on me

does that give them the right to collect $1000 when i sell a property ?

if so, that is putting my lender in 2nd position. if not, then title has no reason to do the search in the first place

 

[quincy]

the title company was doing a search on my name, much the same as a lender might do for a credit report

That is not unusual.

In order to ensure payment of a loan on real property, a lien can be placed on the property.

I guess I am not sure what your concern is.

 

[Taxing Matters]

does a recorded personal lien attach to real estate that the same individual owns ?

The answer depends on the particular lien involved. Some liens attach to real estate, some do not. For example, a Notice of Federal Tax Lien (NFTL) filed in the county where the taxpayer resides will attach to all personal property that the taxpayer has anywhere and to all real estate the taxpayer owns in that county, with NFTLs filed in other counties attaching to real estate the taxpayer has in that county. On the other hand, a UCC-1 financing statement is lien filed that attaches to personal property only, not real estate. There are lots of different types of liens out there so I won't endeavor to list them all and what they attach. Because of the variety of liens out there, title companies have to have a good understanding of liens attach real property and should they find liens that have your name on them they are likely to note those liens in their report and exclude those liens from title coverage, which can cause the lender to deny the loan unless you can prove to the title company that those liens are not against you. That's one reason why title companies need your SSN. While protecting your SSN is a good idea, I've said before that IMO you are a bit overly protective when it comes to that. There are some things in which it is mandatory for you to provide it, either by law or in order to get needed services, like credit or title insurance.