Which of the following is considered a voluntary lien?
A.
Real estate tax lien.
B.
State tax lien.
C.
Construction lien.
D.
Mortgage lien.
The Answer Is:
D
This question includes an explanation.
Explanation:
A mortgage lien is voluntary because the property owner intentionally grants the mortgage as security for a debt. Real estate tax liens, state tax liens, and construction or mechanic’s liens arise by operation of law when taxes, assessments, labor, or materials remain unpaid. Those are involuntary liens because they do not depend on the owner voluntarily pledging the property as collateral. This difference is critical in title work because voluntary liens are usually created by recorded security instruments, while involuntary liens may arise from statutes, judgments, taxes, or construction claims. The Pennsylvania title outline expressly tests voluntary and involuntary liens, mechanic’s liens, taxes and assessments, federal liens, judgments, releases, subordinations, and procedures for clearing title.
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