Liens and encumbrances restrict how property can be used or transferred. The exam tests lien priority, specific vs. general liens, and how different lien types are created.
A voluntary lien is created by the property owner's action (e.g., a mortgage). An involuntary lien is imposed without the owner's consent (e.g., a tax lien, judgment lien, or mechanic's lien). Both types must be satisfied before the property can be transferred with clear title.
A specific lien attaches to one property (mortgage, property tax lien, mechanic's lien). A general lien attaches to all property owned by the debtor (judgment lien, IRS lien). Knowing which liens are specific vs. general is a common exam question.
Generally, liens are prioritized by the date they were recorded (first in time, first in right). However, property tax liens always have first priority regardless of recording date. In NY, a mechanic's lien relates back to the date work began, not the date the lien was filed.
A mechanic's lien can be filed by contractors, subcontractors, or material suppliers who performed work on a property and were not paid. In NY, the lien must be filed within 8 months of the last date work was performed (4 months for improvements to real property in NYC). The lien attaches to the property, not the owner personally.
1. A property is encumbered by: (1) a first mortgage recorded in 2018, (2) a judgment lien docketed in 2020, and (3) delinquent property taxes from the current year. In a foreclosure sale, what is the correct order of payment from sale proceeds?
Property tax liens are ALWAYS first in priority, regardless of recording date. This is the universal exception to the 'first in time, first in right' rule. After property taxes, liens are paid in order of their recording/docketing date: first mortgage (2018) before the judgment lien (2020). The correct order is: property taxes → first mortgage → judgment lien.
2. A general contractor finishes work on a single-family home on August 1. The homeowner refuses to pay. What is the LATEST date the contractor can file a valid mechanic's lien in NY?
Under NY Lien Law, a mechanic's lien on a single-family dwelling must be filed within 4 months of the last date labor or materials were furnished. Work finished August 1 → deadline is December 1. For all other improvements (multi-family, commercial), the deadline is 8 months. This distinction is frequently tested.
3. Which of the following is a GENERAL lien (as opposed to a specific lien)?
A judgment lien is a general lien. It attaches to ALL real property owned by the debtor in the county where it is docketed, not just one specific property. Mechanic's liens, mortgage liens, and property tax liens are specific liens. They attach to one specific parcel.
General Lien
A lien that attaches to all of a debtor's property. Both real and personal, rather than to a single specific property.
Homestead Exemption
A legal protection that shields a portion of a homeowner's equity from certain creditors and reduces property tax liability.
Judgment Lien
An involuntary general lien placed on a debtor's property as a result of a court judgment for money owed.
Lien
A legal claim against a property that secures the payment of a debt or obligation.
Lis Pendens
A recorded notice that a lawsuit involving real property is pending, alerting potential buyers or lenders of the legal dispute.
Mechanic's Lien
An involuntary lien filed by a contractor, subcontractor, or supplier who has not been paid for work performed on a property.
Specific Lien
A lien that attaches to one particular property rather than to all of a debtor's assets.
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