What is a lien in civil law?
In civil law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. In Massachusetts, a lien can be granted in two ways: either voluntarily by an owner of the property, or involuntarily by a legal court or other governing body. A voluntary lien is created when a property owner voluntarily agrees to a lien on their property in exchange for a loan from a lender. This type of lien may often be found in situations such as a homeowner taking out a mortgage, or providing collateral for a loan to start a business. An involuntary lien is typically created by a court or other governing body. This means that the court will place a lien on the property involuntarily, even if the property owner does not consent to the lien. This is often done to satisfy financial obligations that are owed, such as past due taxes or debts. Regardless of whether the lien is voluntary or involuntary, the property owner cannot sell, transfer, or otherwise dispose of the property while the lien is in place. This is because the lender or other party that holds the lien maintains a legal right to the property, and must be properly compensated before the lien can be removed.
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