Illinois Real Estate Practice Exam

How is an involuntary lien created?

1. By choice

2. By contract

3. By law

4. By property owner's authorization

The correct answer is: By law

An involuntary lien is a legal claim against a property that is created without the explicit consent of the property owner. This typically occurs due to legal processes or circumstances, such as non-payment of a debt or judgment, tax obligations, or other statutory requirements. For example, if a property owner fails to pay property taxes, the government may impose a lien on the property as a method of securing payment. This means that the lien is established by law, not by the owner's agreement or any voluntary action on their part. In contrast, the incorrect choices involve scenarios where the owner's will or consent is a factor. When a lien is created by choice, it implies that the owner willingly agrees to it, which does not characterize an involuntary lien. Similarly, a lien by contract suggests that there is a formal agreement, typically seen in consensual transactions like mortgages. Finally, a lien established with the property owner's authorization involves the owner's permission, which again contradicts the definition of an involuntary lien. Hence, an involuntary lien is distinctly defined as being set up through legal mechanisms rather than through the property owner's actions or agreements.