Legal Question in Real Estate Law in Pennsylvania

Property lien

Can a lien be placed on someones home without them being notified? And if so, how is this done?


Asked on 4/02/02, 7:19 am

2 Answers from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Property lien

Generally, liens are of four types: 1) consensual such as a mortgage; 2) judgment obtained after you have been sued with the opportunity to defend; 3) statutory lien from tax debt or sewer bills; 4) mechanic's lien from a contractor who performed work and was not paid.

In each case, some notice is required. In the first instance, you agree to the lien. In the second, you must have been served with a lawsuit. If you were not served, it is possible to contest the judgment. In the third case, notice is not always received and lack of notice does not effect the lien. Finally, in the fourth case you have the ability in a short time frame to contest the lien.

I trust this has been helpful, but feel free to call or e-mail for a free initial consult.

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Answered on 4/18/02, 11:47 am
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Property lien

Notice is a requirement under Pennsylvania law to be given to an owner of real estate if a judgment is entered. Occasionally, if we a dealing with a non resident owner a judgment may be obtained after a court orders service by advertising. If a judgment is entered, I suggest you consult with legal counsel to review your rights. There are time limitations and requirements in order to proceed to have the judgment opened. First you must a defense to the action resulting in the judgment and file a petition to open timely. There are other requirements. Suggest you consult legal counsel immediately. If I can help please call. Gerald Hershenson Esq. 215-579-9390

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Answered on 4/02/02, 9:49 am


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