What is the effect of filing a lien?
When a creditor files a lien against a debtor, it gives the creditor a legal right to secure repayment of a debt. The effect of filing a lien is to give the creditor a priority claim over certain assets of the debtor. This gives the creditor the right to take the debtor’s property to secure repayment of the debt. Once the lien is in place, the creditor is legally allowed to seize the debtor’s property if the debt is not paid. In Tennessee, creditors who wish to file a lien are generally required to record the lien with the Register of Deeds in the county where the debtor’s property is located. This publicly notifies potential buyers and lenders that the debtor has a secured debt on the property. In effect, the lien creates a cloud on the title of the property, making it difficult for the debtor to transfer the title or obtain a loan on the property until the debt is repaid. Creditors can also file a judgment lien against a debtor in Tennessee. This gives the creditor a priority claim on all of the debtor’s personal property, including wages or bank accounts. A judgment lien is a powerful tool for creditors to collect on a debt. It is important for debtors to understand their rights in relation to creditors and liens so that they can take action to protect their interests, if necessary.
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