What type of lien is created with cooperation, such as mortgages and assignments of rents and leases?

Prepare for the Ohio Land Title Association exam. Enhance your understanding of real estate transactions, title search, and property law. Study with interactive quizzes and detailed explanations to excel in your test.

A voluntary lien arises when a property owner willingly enters into an agreement that encumbers their property, such as by taking out a mortgage. In this process, the owner consents to the lender placing a lien on the property as security for the loan. Likewise, when a property owner assigns rents and leases, they are voluntarily granting a right to collect those rents and leases as additional security for a loan. This cooperation distinguishes voluntary liens from involuntary liens, which are imposed without the owner's consent, typically through legal action.

In the case of fixture filings and judgment liens, these are not created through the express agreement of the property owner; a fixture filing is related to the placement of certain items on the property that are considered fixtures, while a judgment lien arises from a court ruling generally against the property owner. Thus, the nature of a voluntary lien being reliant on the explicit authorization and cooperation of the property owner establishes its correct classification in this scenario.

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