Category: Renting and Tenant Rights

How Can a Creditor Put a Lien on My House?

Collection methods vary depending upon the company collecting, but most fundamental set tactics include calls and letters informing an individual of the debt and requesting that he make a payment. Should the debtor don’t do so in a reasonable time period, the lender may require more drastic action to recoup the debt, such as recording a property lien against the debtor’s home.

Truth

Property liens set by creditors are called judgment liens. In order to get a judgment lien, a creditor must have a legitimate court ruling on what to base its request. A court ruling is obtained by A creditor from winning suing the debtor. The court will subsequently award a certificate of judgment to the lender, which it could file with the property records office in the county in which the consumer’s home can be found to formally record the lien.

Time Frame

Even if the debt is legitimate, the lender may only acquire a judgment lien by suing the debtor over the time limitation given by the debtor’s state of residence. This statute of limitations protects users from suits and following land exemptions debts too old to lawfully impose. If a creditor files a suit following the permitted time period in the debtor’s condition, the debtor may contest the litigation on these grounds and have it dismissed. MSN Money cautions that creditors could still file lawsuits following the statute of limitations has expired, even though these tactics are prohibited.

Features

In some cases, a lender will acquire a suit against someone without knowing whether or not he owns some property that the creditor may place a lien against. Should this happen, the lender may ask a court order requiring the debtor to appear in court and disclose his available assets so that the creditor may enforce its ruling.

Outcomes

After a creditor documents a property lien, then the land lien remains in effect until the person pays off the debt to the lender or until the judgment on which the lien is based expires. Like the statute of limitations for collecting debts, the statute of limitations for enforcing decisions varies from state. Judgments, nevertheless, are renewable. California, by way of instance, includes a 10-year statute of limitations during which a creditor may enforce its ruling. If it Is Not Able to do this during the 10-year Time Period, the creditor may renew the judgment–and the land lien–for another 10-year period

Factors

After a creditor becomes a lien holder, its debt is secured by the house it records a lien against. If the debtor still neglects to settle the debt, the lender reserves the right to request a writ of execution in the court and then foreclose on the property. Provided the lender uses the proceeds from the foreclosure sale to pay off some previously recorded liens against the home, it may keep any extra proceeds.

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Tenants' Rights Against Evictions

Renting an apartment can provide less stability than owning an home. You might not ever have to be worried about it, but the chance of being evicted from your unit is present. You provide just cause for an eviction. Sometimes, your landlord tries to sue you for his own gain or legitimate reasons outside your control. In California, strict laws exist to regulate the flooding process and protect tenants' rights.

Types

A tenant may do something to prompt the eviction actions, such as not paying the rent on time, violating different terms of the rental or damaging the apartment beyond what the law considers”normal tear and wear.” In San Francisco, according to the city’s Tenants Union, landlords can only evict tenants covered by rent control for one of 15″simply causes” Some of those points are beyond the tenant’s control. By way of example, landlords can evict tenants in certain instances if they wish to make significant repairs or move in the unit occupied by a tenant. Local laws regarding evictions change; nonetheless, historically, rent control cities such as San Francisco tend to have regulations.

Time Frame

Your landlord can end a month-to-month tenancy in California using a 60-day note if all tenants residing in a unit have lived there for more than a year. If any tenant has lived in the unit for under a year, just a 30-day note is required, as stated by the California Department of Consumer Affairs. In San Francisco and many other rent control towns, this note must be accompanied by an explanation of the”just cause” reason for termination of their tenancy. You may get a 3-day notice if you commit a crime that warrants eviction. If it’s possible to remedy the problem within 3 days, however, by paying past due rent or eliminating an illegal pet from a unit, as an example, California law requires your landlord to provide you with this opportunity and keep the tenancy if you comply.

Considerations

Back in California, a landlord can”serve” a 3-day, 60-day or 90-day detect in one of 3 ways. She is able to serve it to you at home or work, serve it to some”a person of suitable age and discretion” at your house or work, or put a copy of the eviction notice in a”conspicuous” place at your apartment. In the latter two instances, your landlord should also send you a copy of the eviction notice in the email. The Department of Consumer Affairs clarifies that if you don’t go out in response to this notice, the landlord must file an”unlawful detainer lawsuit” in Superior Court. You have the right to a jury trial in California any time a landlord tries to evict you in your unit, even if you owe back rent.

Ellis Act

Ellis Act evictions are a point of contention in San Francisco, particularly in California. Beneath the Ellis Act, a landlord can evict all tenants from all units”unconditionally” with the intention of”going out of business” As the San Francisco Tenants Union advises, however, landlords often abuse the provision. In some cases, landlords invoke the Ellis Act so that they can convert apartments into condo units for sale. The grip on such actions tightens. Ellis evictions need 1-year notice for seniors and handicapped persons. All tenants need to get 120 days’ notice. Landlords can re-rent units under the Ellis Act, but if they do so inside 5 years, they need to offer the former tenants first right of refusal, and rents can’t exceed what the evicted tenants were already paying.

Owner Move In

San Francisco landlords have been known to mistreat”owner move in” evictions. By way of example, a landlord might assert that he or even a”close relative” plans to move in the unit only to get rid of a rent-controlled tenant in favor of a new tenant who will pay exchange rate. San Francisco just allows one proprietor move-in flooding per building. The landlord or relative must move into the unit within 3 weeks of evicting the tenant. He has to dwell in the unit for three or more years, according to the Tenants Union.

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