Judicial Liens and Tax Liens

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A judicial lien is a type of lien that is placed on a debtor’s property. It allows a creditor to obtain title to the debtor’s property in the event that the debtor has failed to make payments on a loan such as a mortgage. Judicial liens are usually obtained in connection with the final judgment issued in a lawsuit between the debtor and creditor.

Judicial liens — also called judgment liens — are secured debts, but they generally rank lower than other types of secured debts. To obtain a judgment lien, you must file a lawsuit and prove someone owes you money. If you win, the court can grant you a judgment lien against the debtor’s property.

Lenders should be aware that this notice requirement also applies in a non-judicial foreclosure by power of sale under a deed of trust if the property is subject to a federal tax lien. Furthermore, the United States also may redeem the property within 120 days after the sale.

Tax Liens A tax lien is a non judicial lien involuntarily placed against the real property of a debtor and is the result of the non payment of annual property taxes and a final judgement does not need be entered. tax liens are sold by the County Tax Collector and an annual auction is held for.

There are a number of liens creditors may place on your home. The most common are mechanic's liens, judgment liens, and tax liens.

A federal tax lien is serious stuff, as it gives the IRS the right to repossess your property. It does not, however, have priority over previously recorded liens. First Bite of the Cherry.

Lien Stripping in Chapter 11 Bankruptcy Cases: Lessons for Secured Creditors. Two examples are a federal tax lien and a mechanic’s lien. Tax lien: a lien on property imposed by a government (local, state, or. Judicial Lien A judicial lien is imposed by a court and created.

A judicial lien is defined as a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding. See 11 U.S.C. Section 101(36); Bryant v. General Elec. Credit Corp. ( ND Il 1985) 58 BR 144, 146 — wage garnishment is a judicial lien subject to Section 522(f) avoidance.