Liens Flashcards
Special Lien
Right to retain specific property as security for charges due for services concerning the specific property. Lienor must have possession and added value
General Lien
Right to retain all the property of another as a security for a general balance due. Only arises out of contract, statute, or well-established usage or custom of trade
Garage Keeper’s Lien
Automobile mechanic has a lien on the vehicle for work provided
May sell the automobile at public sale after obtaining a certificate of foreclosure and giving the owner notice and an opportunity to satisfy the lien
Self-Storage Facility Act
Owner of self-storage facility has a lien on the contents of storage units for unpaid rent and fees. Owner may sell the contents at a public sale after providing public notice and notice to interested parties
Waiver of Lien
By contract
By acceptance of Other Security
By Demand for Excess Charges
Reservation of Lien or Temporary Use by Bailor
Mechanic’s Lien vs. Perfected Security Interest
A lienor who performs labor to repair or improve the property at the owners request, has priority against the holder of a perfected security interest in the same property
Enforcement of Lien
Power to enforce the lien by sale, either by notice or judicial foreclosure