In signing your mortgage loan documents, you gave a “volunteer lien” to your mortgage provider. Although you own your home and hold the title as owner, the mortgagor has a security interest in the value of your home up to the amount you owe on your mortgage. A voluntary lien is a claim that one person has over the property of another as security for the payment of a debt. An action taken by the debtor, like a mortgage loan to buy real estate, can create a voluntarily lien. This type of lien is contractual or consensual. Other common examples of voluntary liens involve car loans in which the lien is noted on the title. • Non-consensual Liens. A non-consensual 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. Non-consensual 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 show that the defendant likely will 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 issues a writ of execution, directing the sheriff to sell the property to satisfy the judgment.
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