Different liens on the same property usually have priorities according to the time of their creation. To achieve the subordination of a prior lien, there must be an actual agreement to that effect.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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A judgment lien is created automatically on debtor property that's located in the West Virginia county where the judgment is entered. For property in other West Virginia counties, the creditor records an abstract of judgment with the clerk of the court in the county where the property is located.
Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.
Subordination agreements are written agreements between lienholders to change the priority of mortgage, judgment, and other liens. Under a subordination agree- ment, the holder of a superior or prior lien agrees to permit a later lienholder's interest to take precedence.
In West Virginia, contractors, subcontractors, and suppliers of labor and/or materials by virtue of a contract with the property owner, or a contractor or subcontractor under such contract on a project to build, erect, construct, alter, remove, repair or improve a building, structure or improvement are entitled to lien ...
WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.
Voluntary Liens With a voluntary lien, the property owner consents for a claim to be placed on their property by the lender as collateral or security in exchange for repayment. This type of lien allows the lender to repossess the property and sell it if the owner doesn't repay their debts.
Mechanics liens in West Virginia need to be filed and recorded in the county clerk's office in the county where the property is located. Each clerk's office will have its own filing fees and other specific requirements.
