Which lien is created automatically by statute?

Prepare for the Real Estate Ownership Exam with multiple choice questions, flashcards, and detailed explanations. Master land use controls and financing to excel on your test.

Multiple Choice

Which lien is created automatically by statute?

Explanation:
Some liens attach to property automatically by statute, meaning the law itself creates the lien and it is enforced without a separate agreement or court action. A prime example is a tax lien: when property taxes go unpaid, the statute automatically creates a lien on the property to secure payment, attaching by operation of law. Equitable liens arise from a court based on fairness and aren’t automatic—they depend on judicial action and principles of equity. A mortgage lien comes from the mortgage agreement, a contractual matter rather than an automatic statutory creation. A judgment lien comes from a court judgment and the mechanics are governed by statutes, but it is the court order that creates it, not something that happens automatically simply by statute. So the lien created automatically by statute is the statutory lien.

Some liens attach to property automatically by statute, meaning the law itself creates the lien and it is enforced without a separate agreement or court action. A prime example is a tax lien: when property taxes go unpaid, the statute automatically creates a lien on the property to secure payment, attaching by operation of law. Equitable liens arise from a court based on fairness and aren’t automatic—they depend on judicial action and principles of equity. A mortgage lien comes from the mortgage agreement, a contractual matter rather than an automatic statutory creation. A judgment lien comes from a court judgment and the mechanics are governed by statutes, but it is the court order that creates it, not something that happens automatically simply by statute. So the lien created automatically by statute is the statutory lien.

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