Dana  Taschner HomepageDana Taschner - BackgroundDana Taschner - Areas of PracticeDana Taschner - NewsContact Us  
Los Angeles Lawyer Dana B. Taschner

 

DANA B. TASCHNER

"Lawyer of the Year Award...Through your outstanding leadership and advocacy, you have provided the voice of justice in protecting the basic human rights of your clients."
- California Governor, Gray Davis

Los Angeles Lawyer is a resource about the law and Los Angeles, with information about legal topics like personal injury and consumer protection. Los Angeles Lawyer is not affiliated with the City of Los Angeles, Los Angeles City Attorney, County of Los Angeles, or the Los Angeles County Attorney. Los Angeles Lawyer should not be considered legal advice.

 
 

Lien

 
 

In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation.

Liens can be consensual or non-consensual. Consensual liens are imposed by a contract between the creditor and the debtor. These liens include:

  • mortgages;
  • car loans;
  • security interests;
  • chattel mortgages

Non-consensual liens typically arise by statute or by the operation of the common law. These liens 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. These liens include:

  • tax liens, imposed to secure payment of a tax;
  • attorney's liens, against funds and documents to secure payment of fees;
  • mechanic's liens, which secure payment for work done on property or land;
  • judgment liens, imposed to secure payment of a judgment
  • maritime liens, imposed on ships by admiralty law.

Liens are also "perfected" or "unperfected." Perfected liens are those liens for which a creditor has taken the steps required by law to give third parties notice of his interest in the property in which a lien is claimed. 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, even against a trustee in bankruptcy; an unperfected lien is not.


Wikipedia article (the free online encyclopedia) reproduced under the terms of the GNU (General Public License) Free Documentation License.

 
 
HOME    BACKGROUND    AREAS OF PRACTICE    ABOUT LAWSUITS     CONTACT US   TERMS OF USE