is contractual or consensual, meaning that the lien is created by an action taken by the debtor, such as a mortgage loan to buy real estate. Other common examples of voluntary liens involve car loans in which the lien is noted on the title.
NONCONSENSUAL LIENS
A nonconsensual lien is involuntarily granted to a creditor (from the debtor’s perspective) to secure a debt owed. This type of lien comes into play after a debtor has failed to pay an unsecured obligation. Nonconsensual liens are divided into statutory and judicial liens. • Attachment Lien: An attachment lien attaches to a person’s real or personal property to prevent disposal of it during a lawsuit. The plaintiff must prove that the defendant is likely to dispose of the property. If the court agrees, the court will issue a writ of attachment to the sheriff, directing the sheriff to seize the property. Attachments of real property should be recorded. Should the plaintiff win the suit, the court will issue a writ of execution, ordering a sale of the property to satisfy the judgment. • Judgment Lien: A judgment lien may issue when a plaintiff wins a judgment in court if an attachment lien hasn’t already been issued. Like the attachment lien, it provides a method by which the defendant’s property could be seized and sold. • Child Support Lien: This type of lien is placed on your property if you owe a substantial amount in child support. The custodial parent may file a lien with the office where the property is recorded. For example, a lien on a house
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