Summary
In California, public utilities must notify you before placing a lien on your property and provide an opportunity to challenge the debt. Other liens, such as mechanics, tax, and judgment liens, may be placed without immediate notice. When buying a house at a foreclosure auction, undisclosed liens like tax or mechanics liens may exist. Conduct a thorough title search to identify any liens, as you would be responsible for them after purchase. The first mortgage holder is typically paid off first from auction proceeds, but other liens depend on their priority. The term cologne and digital clock are generic and cannot be trademarked in the US.Full Conversation
Will a utility notify me if they put a lien on my property
Hello ****, typically, if a lien is placed on your property, you should receive a notice. However, laws can vary based on location. Can you please tell me where you are located?
California
In California:
- Public utilities must provide you a notice before recording a lien.
- They must also provide an opportunity to challenge the debt.
- If you don't receive a notice, it could be a violation of your due process rights.
What other kind of liens could be put on my property without my knowledge
In California, other liens that may be placed on your property without immediate notice include:
- Mechanic's liens: Contractors for unpaid work
- Tax liens: Unpaid federal, state, or local taxes
- Judgment liens: From court judgments against you.
if I was to buy a house in a judgment, foreclosure auction is there a chance that there’s a lien that is unknown
Yes, there could be undisclosed liens such as:
- Tax liens
- Mechanic's liens
- Second or third mortgages
It's crucial to conduct a thorough title search before buying a house in a foreclosure auction to identify any possible liens.
Would I be responsible for the lien if it was not caught before I purchased it in the auction
In California:
- If you buy a property with a lien, you become responsible for the lien.
- It's crucial to do a title search to avoid such situations.
- Title insurance can also protect against undiscovered liens.
wouldn’t the mortgage company conducting the auction have that paid before the auction
In California:
- The first mortgage holder is typically paid off first from the auction proceeds.
- If there's a surplus, it might be used to pay off other liens.
- But, this depends on the lien's priority.
- Hence, it's essential to complete a thorough title search.
OK thank you
You're welcome, ****! Feel free to return if you have any other questions. Legal matters can be complex, but we're here to help you navigate them. Best of luck with your property endeavors!
Sean (I live in US)
Hello Sean, nice to meet you! How can FreeLawChat assist you with your legal issue today?
Is cologne trademarked?
Sure, Sean. In the US, a cologne scent can't be trademarked, but the name, packaging, and logo of the cologne can be. This is because:
- Trademarks protect brands and logos.
- They don't cover scents as they're considered to be functional aspects of a product.
I mean is the word “cologne” trademarked?
The term "cologne" is a generic term in the perfume industry, and generic terms cannot be trademarked in the US. This is because:
- Trademarks are meant to identify the source of products or services.
- Generic terms are common words or phrases that cannot indicate source.
Is “digital clock” trademarked?
The phrase "digital clock" is a generic term used to describe a type of product, so it cannot be trademarked in the US. This is because:
- Trademarks are designed to identify and distinguish goods or services.
- They cannot be generic terms or descriptions.
TRY ME!
Start a new chat