CH 8 Highlights PA Real Estate Fundamentals

Lien

A charge or claim against a person's property made to enforce the payment of money.
Can be enforced by a government agency to recover taxes owed by the owner.
All liens are encumbrances, but not all encumbrances are liens.

Encumbrance

Any charge or claim that attaches to real property and lessens its value or impairs its use.
It is attached to the property
All liens are encumbrances, but not all encumbrances are liens.

Statutory lien

is created by statute

Equitable lien

a court-ordered judgment that requires a debtor to pay the balance on a delinquent charge account

General liens

Affect all property, both real and personal

lien attaches

to real property at the moment it is filed and recorded. a lien does not attach to personal property until the personal property is seized.

Specific liens

are secured by a specific parcel of real estate and affect only that particular property.

Effects of liens on title

because the lien attaches to the property, not the property owner, a new owner might lose the property if the creditors take a court action to enforce payment.
liens run with the land

Priority of liens

taxes and special assessments are paid first from a court-ordered sale

Subordination agreements

the holder of a superior or prior lien agrees to permit a junior lienholder's interest to move ahead of his or her lien.
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Two moves ahead of one.

Ad valorem tax

according to value. are specific, involuntary, statutory liens

Appropriation

justify where the taxes are being spent, how much, and why

tax levy

the amount of property tax to be raised

equitable right of redemption

property owner pays the delinquent taxes before the sale.

certificate of sale

given to the highest bidder that pays the delinquent tax amount in cash. this certificate gives the holder the right to take possession of the property.
once sold, the old owner can't redeem the property even if they pay all back taxes and other costs

Special assessments

special taxes on real estate to fund public improvements to the property. ie new sidewalks put in
any pending or existing special assessments should be disclosed and the person who is responsible for payment should be identified.

Mechanic's lien

have work done on the house and i don't pay. contractor puts a lien on my house. involuntary lien
contractor has up to 6 months to file

Judgments

is a general involuntary lien on both real and personal property owned by the debtor.

lis pendens

Litigation pending. not a lien but notice of a possible future lien

Domestic Support Lien

involuntary liens if you owe overdue child support. deadbeat parent law