Which type of lien allows both the real property and personal property of the debtor to be sold to pay the debt?

Prepare for the 75-Hour Broker Pre-License Exam. Ace this important test with our comprehensive flashcards and multiple choice questions. Gain confidence in topics such as real estate practices and laws!

A judgment lien is a type of lien that arises after a court ruling in favor of a creditor, allowing them to collect the debt by placing a lien against the debtor's property. When a judgment lien is established, it typically attaches to both real property (like land and buildings) and personal property (such as vehicles, stocks, and other tangible or intangible assets) of the debtor. This means that if the debtor fails to pay the debt, the creditor has the legal right to enforce the sale of either or both types of property to satisfy the obligation.

The uniqueness of judgment liens lies in their ability to encompass a broader range of the debtor's assets compared to other types of liens. For instance, a mortgage lien specifically applies only to the real estate that serves as collateral for the mortgage loan, while a tax lien generally pertains to property taxes owed and is also focused on real estate. An equitable lien, on the other hand, is usually associated with a specific agreement or legal obligation and may not cover both property types in the same comprehensive way that a judgment lien does. This broader applicability of the judgment lien makes it particularly potent for creditors seeking to recoup debts from multiple asset classes belonging to the debtor.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy