Lien

A lien is an essential legal tool in finance and business, protecting the creditors. Different types of lien in the financial system help an enterprise manage its assets and liabilities efficiently. The set of rules and regulations implied by the lien provides a comprehensive review of the implications of taking on a loan to businesses and individuals. 

The following blog will help you understand the concept of lien and how it works.

 

What does a Lien mean?

When a borrower takes on a loan from a creditor, the procedure demands the borrower to submit collateral to the creditor in case of payment failure. Lien is the creditor's legal claim over the collateral, ensuring their protection over the credited amount. This legal tool eliminates the chances of legal or financial risks.

For instance, when a person takes on a home loan from the bank, the bank makes the person sign a lien over the property, posed as collateral. In the case of repayment failure, the bank possesses the right to seize and sell the property to recover the outstanding amount. 

 

What are the different types of Lien?

A lien can be classified into different categories based on the nature of the claim and how it is created. 

The different types of lien are: 

1. Voluntary Lien 

• The voluntary lien is created after the borrower’s consent when the asset is pledged as collateral for the loan.
• The voluntary lien is common for mortgages, car loans, and business loans. 

2. Involuntary Lien 

• After non-payment of the loan, debts, taxes, or legal judgments, the involuntary lien is imposed without the borrower’s consent. 
• Government agencies or courts create the involuntary lien. 

3. Specific Lien 

• The specific lien applies to only one particular asset as a security for a loan.
• The creditor possesses the right to claim just that one specific asset over the repayment failure of the loan. 
• For example, in a car loan, the lender has the right to claim over the car until the complete loan is repaid. 

4. General Lien 

• The general lien is applicable over the borrower's multiple assets. 
• The banks, courts, or government authorities use the general lien to recover the debt. 
• The creditor can issue a court judgment to seize different assets in case of any unpaid debt. 

5. Statutory Lien

• Imposed by the law or government rather than any agreement between two parties
• The statutory lien is common for tax collection, contractor payments, and unpaid wages. 
• For instance, a mechanic’s lien is one where the service provider can claim unpaid charges on the repaired property. 

6. Equitable Lien 

• The court creates an equitable lien when the debtor unfairly obtains assets.
• The equitable lien is common for fraud, breach of trust, or legal disputes
• For instance, if someone claims a property fraudulently, the court creates an equitable lien to compensate the affected party. 

7. Bank Lien

• A bank lien is created by the bank over the customer’s bank account, fixed deposits, or securities as collateral for the loan. 
• The assets remain frozen until the loan is repaid.

 

Understanding How the Lien Works

The lien is a financial tool to help the creditor protect the loan amount they granted. The procedure to impose is simple and depends on the type of claim and the creditor in question. 

Here’s a simple breakdown of how a lien works:

• The lender or creditor grants a loan based on the collateral 
• The lien is placed on the asset. 
• The borrower cannot sell or transfer the ownership until the loan is repaid.
• The lien is removed after the repayment of the loan
• The creditor can sell or seize the asset after the failure of payment 

 

Removal of the Lien

• The lien can be easily removed after the payment of the debt
• Settlement can be an option in some cases 
• In case of wrongful lien, legal steps can be taken

 

Why is a Lien important?

The lien is important to protect the financial interests of the creditor. The elimination of any kind of fraud or dispute can be easily avoided with the presence of a lien while issuing a loan. 

The reasons for the importance of a lien are listed below:

• Protects the creditor 
• Security of loan over pledged assets 
• The liem eliminates chances of fraud 
• The liem acts like a legal guarantee to the creditors

 

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Curious about the informative topics on commerce and their role in your career. Check out our latest Commerce blogs and understand their significance.

 

Frequently Asked Questions (FAQs)

Does liem affect property ownership?

Yes, a liem imposed on the debtor restricts them from transferring the ownership of the property or selling it before the complete repayment of the debt.

Are lien and mortgage different?

Yes, a mortgage is a narrow term used for property pledged as a security, whereas a lien is a broader term used for various assets while taking on a loan. 

Can a lien be placed on a bank account?

Yes, a bank lien is created by the bank over the customer’s bank account, fixed deposits, or securities as collateral for the loan.