lien

/liy(a)n/ A claim, encumbrance, or charge on property for payment of some debt, obligation or duty. Sullins v. Sullins, 65 Wash.2d 283, 396 P.2d 886, 888.

Qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act. Right or claim against some interest in property created by law as an incident of contract. Right to enforce charge upon property of another for payment or satisfaction of debt or claim. Vaughan v. John Hancock Mut. Life Ins. Co., Tex.Civ.App., 61 S.W.2d 189, 190.

Right to retain property for payment of debt or demand. Bell v. Dennis, 43 N.M. 350, 93 P.2d 1003, 1006.

Security for a debt, duty or other obligation. Hurley v. Boston R. Holding Co., 315 Mass. 591, 54 N.E.2d 183, 193.

Tie that binds property to a debt or claim for its satisfaction. United States v. 1364.76875 Wine Gallons, More or Less, of Spirituous Liquors, D.C.Mo., 60 F.Supp. 389, 392.

Liens are "property rights". In re Pennsylvania Central Brewing Co., C.C.A.Pa., 114 F.2d 1010, 1013.

The word "lien" is a generic term and, standing alone, includes liens acquired by contract or by operation of law. Egyptian Supply Co. v. Boyd, C.C.A.Ky., 117 F.2d 608, 612.

A change against or interest in property to secure payment of a debt or performance of an obligation. Bankruptcy Code No. 101

@ lien by operation of law

Where the law itself, without the stipulation of the parties, raises a lien, as an implication or legal consequence from the relation of the parties or the circumstances of their dealings. Liens of this species may arise either under the rules of common law or of equity or under a statute. In the first case they are called "common-law liens;" in the second, "equitable liens;" in the third, "statutory liens."

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Roman or Civil law.

The peculiar securities which, in the common and maritime law and equity, are termed "liens," are embraced under the head of "mortgage and privilege."

See also agent's lien

- architect's lien

- artisan's lien

- attorney's lien

- banker's lien

- charging lien

- chattel lien

- common-law lien

- concurrent liens

- deferred lien

- equitable lien

- execution lien

- factor's lien

- first lien

- floating lien

- general lien

- inchoate lien

- involuntary lien

- judgment lien

- judicial lien

- laborers' lien

- maritime lien

- materialman's lien

- mechanic's lien

- municipal lien

- retaining lien

- second lien

- secret lien

- special lien

- statutory lien

- tax lien

- vendor's lien

- warehousemen's lien,

- lien account.

@ lien account

Such statement of claims as fairly apprises property owner and public of nature and amount of demand asserted as lien. Hanenkamp v. Hagedorn, Mo-App., 110 S.W.2d 826, 829

@ lien creditor

One whose debt or claim is secured by a lien on particular property, as distinguished from a "general" creditor, who has no such security. A creditor who has acquired a lien on the property involved, by attachment, levy or the like, and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of the filing of the petition, or a receiver in equity from the time of appointment. U.C.C. No. 9-301(3).

+ lien creditor

A creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of the filing of the petition or a receiver in equity from the time of appointment. U.C.C. No. 9-301.

See also lien creditor

See also creditor

@ lienee

/liyniy/ One whose property is subject to a lien

@ lien of a covenant

The commencement of a covenant stating the names of the covenantors and convenantees, and the character of the covenant, whether joint or several

@ lien of attachment

An encumbrance on property seized through the pre-judgment remedy of attachment that is inchoate when it first arises, usually upon the sheriffs levy of the property, and that becomes final and perfected upon judgment for the attaching creditor in the action who caused attachment to issue. For purposes of priority against third parties' claims to the property, a lien of attachment perfected by judgment dates from the time the lien first arose.

See attachment

@ lien of execution

An encumbrance that attaches by operation of law to a judgment debtor's real and personal property when the property is subjected to execution process and that gives the execution creditor a priority over subsequent transferees of the property and also over prior unrecorded conveyances of interests in the property.

See attachment

- execution

@ lien of factor at common law

Lien not created through statutory enactment, but lien of ordinary factor as known to common law

@ lien of garnishment

Encumbrance on property of a debtor held by a garnishee that attaches in favor of the garnishing creditor when garnishment summons is served upon the garnishee and that also impounds credits owed by the garnishee to the debtor so that they must be paid to the garnishing creditor.

See garnishment

@ lienor

/liyWnsr/ The person having or owning a lien; one who has a right of lien upon property of another

@ lien waiver

A waiver of mechanics' lien rights, signed by subcontractors so that the owner or general contractor can receive a draw on a construction loam

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