per the law, the term lien is used in a broad manner to denote
any kind of charge or encumbrance against an item of property
that secures the payment of a debt or performance of some
other form of obligation. These signify the legal claim on
the property that acts as a security for the payment of a
debt. If the debt is not repaid as per the agreement, the
lien holder can foreclose claim on the property and even force
a public sale to pay the debt.
These liens are imposed as per a contract signed between the creditor and the debtor. Such liens include mortgages, security interests, car loans and chattel mortgages. In such liens the fine print states clearly the rules of the loan and the action that may be taken in case of missed payments or non payment of debt amount.
More often than not these arise by statute or due to the working of the common law. These liens give leverage and right to the creditor to impose a lien on an item of real property or a chattel. These come into play mainly due to the relationship that exists between the creditor and the debtor. This category includes tax liens that help to secure the payment of a tax, attorney liens to secure fee payment against funds and documents and judgement liens that are used to impose a secure payment of a judgement. Other liens in this category include mechanic’s liens to secure payment for work done on property or land and maritime liens imposed on ships by admiralty law.
Here a creditor has taken the necessary steps required by law to give third parties notice of his or her interest in the property in which a lien is claimed. The fact that an item of the asset is in the control of the creditor, constitutes for the perfection of the lien. Such liens are an important part of the task of securing creditor’s interest in the property. Also a perfected lien is valid, even against a trustee in cases of bankruptcy.
In this case the property often remains in the hands of the debtor, and further steps need to be taken to ensure claim. This may involve recording a notice of the security interest with the appropriate office. Also these types of liens may not be valid when a bankruptcy proceeding is involved.