Lien can be described as the right to take over the possession of the property belonging to someone if the obligation is not honoured. In other words, it means the right to take ownership or dispose off the property of a debtor as payment or security for a debt. In the financial parlance, it is the creditor's or the bank's right to sell the property in mortgage or any such collateral of the person, who fails to make a payment or honour the obligations of the loan contract. For instance, a mortgage lender has a lien, or the right to foreclose and take ownership or sell off the property, in case the debtor is not able to make the payment for the mortgage loan
Liens can be of the consensual or non-consensual nature. In the consensual type of lien, there is a contract between the creditor and the debtor, for example, a mortgage contract. Non-consensual lien comes into existence by the operation of the common law or a statute, for example, tax-liens, attorney liens, judgment liens, maritime liens etc.
Liens can be of the consensual or non-consensual nature. In the consensual type of lien, there is a contract between the creditor and the debtor, for example, a mortgage contract. Non-consensual lien comes into existence by the operation of the common law or a statute, for example, tax-liens, attorney liens, judgment liens, maritime liens etc.