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Lien
In law, a lien is a form of security interest granted over an
item of property to secure the payment of a debt or performance of some other
obligation. The owner of the property, who grants the lien, is referred to as
the lienor and the person who has the benefit of the lien is referred to as the
lienee.
Liens can be consensual or non-consensual (also termed voluntary or involuntary
in different states). Consensual liens are imposed by a contract between the
creditor and the debtor. Those liens include:
Nonconsensual liens typically arise by statute or by the
operation of the common law. Those laws give a creditor the right to impose a
lien on an item of real property or a chattel by the existence of the
relationship of creditor and debtor. Those liens include
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tax liens, imposed to secure payment of a tax
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"weed liens" and "demolition liens", assessed by the
government to rectify a property from being a nuisance and public hazard
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attorney's liens, against funds and documents to
secure payment of fees
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mechanic's liens, which secure payment for work
done on property or land
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judgment liens, imposed to secure payment of a
judgment
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Maritime liens, imposed on ships by admiralty law
Liens are also "perfected" or "unperfected". Perfected liens
are those liens for which a creditor has established a priority right in the
encumbered property with respect to third party creditors. Perfection is
generally accomplished by taking steps required by law to give third party
creditors notice of the lien. The fact that an item of property is in the hands
of the creditor usually constitutes perfection. Where the property remains in
the hands of the debtor, some further step must be taken, like recording a
notice of the security interest with the appropriate office.
Perfecting a lien is an important part of the task of
protecting the secured creditor's interest in the property. A perfected lien is
valid against bona fide purchasers of property, and even against a trustee in
bankruptcy; an unperfected lien may not be.
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