Illinois Real Estate Practice Exam

Question: 1 / 400

Which type of lien is created to enforce the payment of money against a property?

Voluntary Lien

Involuntary Lien

The correct answer involves a type of lien specifically established to secure the payment of obligations associated with a property. A voluntary lien is created when a property owner agrees to give a lender a legal claim against their property as collateral for a loan. This often occurs in the case of mortgage agreements where the borrower voluntarily pledges their property to ensure repayment.

By willingly entering into this arrangement, property owners acknowledge their obligation to repay the debt, and in turn, lenders obtain the right to pursue the property if payment defaults occur. This characteristic of voluntary consent distinguishes it from other lien types, which may arise without the property owner's agreement or consent.

In contrast, an involuntary lien is imposed without the property owner's consent, often resulting from a legal action such as a court judgment. A statutory lien is created by law for specific purposes, such as tax liens, while a specific lien pertains to a particular property and usually arises from a specific debt, like a mortgage or mechanic's lien. Understanding these definitions helps clarify why a voluntary lien is distinctly linked to a property owner's choice to secure their obligation with the property itself.

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Statutory Lien

Specific Lien

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