Liens and Security Interests

California Lien Holder Attorney

A lien is a claim against specific property to secure a debt, usually a debt related to the property that the lien encumbers. Liens are sometimes called "security interests." Liens may be consensual, meaning that the person owning the property agreed to have the lien encumber the property. A lien may also be involuntary, meaning that the lien was created either by a governmental entity or by a person authorized to create a lien by law.

Liens accomplish three basic objectives:

• First, liens prevent the sale or transfer of the property without satisfying or addressing the lien.
• Second, if the lien is not voluntarily paid, it enables the person holding the lien to foreclose the lien and sell the property to pay the debt owed.
• Lastly, liens establish priorities among competing creditors who claim an interest in the encumbered property.

There are many types of liens, and the law related to each type of lien is different. It is very important that liens are properly prepared and recorded in a timely manner. Liens against real estate are usually recorded with the county recorder's office where the property is located, or in the Secretary of State's office in the case of property other than real estate. Additionally, there are certain rules requiring the lien holder to give notice of the lien to the owners of the property and, in certain circumstances, others who have an interest in the property.

The Gorski Firm, APC will help you with all aspects of protecting your interests as a lien holder. Contact our offices toll free at 888-483-3287 for a free consultation. We serve clients in Kern County and throughout Southern California with offices in Long Beach and Bakersfield.