! By Eugene Pettis!
Real
Estate
Viewpointsj
A Lien Is A Legal Claim
A lien is a legal claim
against real property, spe
cially authorized by law in
favor of certain creditors to
secure payment of an in
debtedness. It gives the
lienor (the one entitled to
the lien) a form of addition
al protection and security
to assure that his debt will
be paid, over and above an
ordinary lawsuit. The lien
or makes a written state
ment of his claim, signs it,
has the signature acknow
ledged before a notary pu
blic, and then files it in the
local land office. Only cer
tain kinds of creditors are
allowed to file a lien
against real property and
are permitted this kind of
security for the payment of
their debt. The principal
liens allowed by the sta
tutes of the various states
are mechanic’s liens, judg
ment liens, attachment
liens and tax liens.
once he has filed his lien,
the lienor must take proper
steps to make it enforce
able. The practices vary
from state to state. There is
usually a time limit within
which a lien must be filed.
If the creditor fails to re
cord his lien within the
statutory time period, his
lein may be removed. He
then must recover his
claim against the property
owner in the same manner
as all other creditors (by
lawsuit, etc.) who are not
entitled to a lien.
The importance of a lien
is illustrated by the fol
lowing example: A, a con
tractor, performs work on
B’s home in the fair value
of $5,000 (say, by building a
new bathroom and kit
chen). When A asks for
payment, B informs him
that he is heavily in debt
and cannot afford to pay
him. A files a mechanic’s
lien against B’s house. Se
veral weeks later, B files in
bankruptcy alleging that
his debts are greater than
his assets and asking that
the debts be discharged.
_ In the foregoing exam
ple, a general creditor of B
/that is, one without a lien)
would probably not recover
anything on his claim.
However, A’s lien is still
good and he may still com
pel the sale of B’s home to
recover the amount of his
First in a series
claim.
Very often statutes pro
vide that legal action must
be commenced by the lien
creditor against the debtor
within a certain period,
usually one or two years, to
compel the sale of the
property and use the pro
ceeds of the sale to pay the
claim. If this is not done,
the lien, even though pro
perly filed and recorded,
will fail (although certain
states permit liens to be
renewed from year to
year).
In almost every state,
workmen and suppliers
who have not been paid for
work or materials, which
have benefited the real
property of the debtor, may
file a mechanic's lien
against such real property.
In many states the mech
anic’s lien roughly resem
bles, in its legal aspects, a
mortgage, and it may be
foreclosed just as if it were
a mortgage.
The reason for affording
a lien to workmen, contrac
tors, and suppliers of ma
terials for the construction
or improvement of a house
is to protect them in their
contribution to the increase
in value of the real pro
perty. The policy of the
courts and the legislatures
has been to encourage the
building and development
of real property within the
state.
Mechanic’s lien laws dif
fer from state to state, but
the basic principles are
much the same. Once a
mechanic’s lien has been
properly filed and record
ed, the owner cannot sell or
mortgage his property in
order to avoid payment.
Any prospective buyer
must take legal notice of
the mechanic's lien affect
ing the property, and the
property remains “burden
ed” with the lien. The form
for a mechanic’s lien is
usually a simple one and
may be readily filled out
and filed. However, the
foreclosure of a mechanic's
lien is a complicated task
that will require an attor
ney.
“Here’s Richard” Premieres Sunday
“Here’s Richard,’’ the
new exercise variety show
starring health and nutri
tion expert Richard Sim
mons, will premiere Sun
day, October 3, on WSOC
TV, Channel 9.
Familiar to millions as
the star of “The Richard
Simmons Show.” Richard
will expand on the formu
lar proven so successful
with this new vehicle.
“Here’s Richard” is a show
within a show, offering a
behind-the-scenes look at
the variety programming
format as the cameras
wander backstage, catch
ing his cast of characters
off-guard: Meet Fern and
Bemie, the consummate
autograph hounds, long
married and long-arguing;
Pops, the guard at the gate
who, with his protege Sal,
decide who will and will not
gain entry to the set;
Trixie, the surly make-up
and wardrobe lady, who
greets her clients with “do
it yourself - I’m on my
break”; and Bobby Cham
pion, a plaid-suited huck
ster agent, parading his
artist roster of dubious ta
lent before the producers.
Characters familiar from
“The Richard Simmons
Show” will also be drop
ping in, and Richard will
welcome Reverend Ponds,
a robust man of the table
cloth who preaches on the
__ evils of overeating: and the
Weight Saint, ever-patient
with his sometimes lazy
flock.
“Here’s Richard” will
feature guest stars from all
avenues of the entertain
ment field, and scheduled
shows to date feature ap
pearances by Sammy
Davis Jr., Daniel J. Tra
vanti, Sister Sledge, Dick
Clark and Tony Geary. The
exercise portion of the
show has been expanded
into a complete production
- for instance, when Daniel
J. Travanti guests on the
program, the entire audi
ence exercises along to the
“Hill Street Blues" theme
If You Want To See
What Your Hair Can j
Be. J
Then Come See M
"LEE LIS" 1
‘formerly of Dalebrook ^
Beauty Center’
"La Rue's Hair Pedace" i
Specializing in perms I
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attired in police helmets
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originality and tailored to
the guest of the show.
"Mr. American Band
stand" Dick Clark joins
Richard in the premiere
show. Highlights include a
spoof of Sonny & Cher (with
Richard and Dick alter
nating roles)j Richard
singing as one of the Coast
ers, as they perform their
song, “Yakety Yak,” a
special exercise segment of
the theme from American
Bandstand with The Solid
Gold Dancers, including
the dances we all grew up
to from the fifties and six
ties, and comedy sketches
featuring the many facets
of the entertainment in
dustry that Dick Clark is
involved in.l
“Here’s Richard” pre
mieres Sunday, October 3
on WSOC-TV, Channel 9.
V
RESTAURANT & LOUNGE
UPTOWN CHARLOTTE
NOW UNDIR
NKW MANAOIMINT
Co-Managers Ms. Beverly Clark and Ms.
Dianna Anderson are celebrating one
month of serving some of Charlotte’s
FINEST.... Among them are Gloria, Nick,
John, Paula, Theresa. Linda, Pete, Poe,
Vinson, Walter, Mr. Kilgo, Linda W. &
Franklin, the list continues to grow.
“ENJOY OUR WEEKLY FEATURES”
Monday: 5-7 Happy Hour )House Brands)
MEN’S NIGHT (9-11)
Wed’sday: 5-7 Happy Hour (House Brands)
LADIES’ NIGHT (9-11)
Thursday: 5-7 Happy Hour (House Brands)
BID WHIST TOURNAMENT (Free Meal
For Winners)
Friday, Saturday & Sunday: 5-7 Happy
Hour (House Brands)
640-A N. Graham St. (Above Pioneer
Restaurant, corner 10th & N. Graham Sts.)
k. 373-9008 J
"OLD TIME COUNTY FAIR"
OCTOBER 11-16
ENTER YOUR ..
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