QUESTION

Do liens against assets transfer to new owners?

Asked on Jul 15th, 2014 on Business Law - Georgia
More details to this question:
Starting a new business and planning to purchase assets from an existing company. If there is a lien against those assets, will they transfer to me?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If those liens are properly recorded, or you are otherwise on notice of them, the assets you buy will continue to be subject to them.  The liens don't "transfer to you", in that you don't become liable on the underlying debts, but the assets are still subject to those liens, meaning that if the debtor doesn't pay, they could be foreclosed upon to satisfy his/her/its debt.  Moreover, there may be provisions in the underlying loan or security agreement which prohibit the debtor from transferring those assets without the consent of the secured party.  You may be familiar with home mortgages, which are a form of lien.  Before you buy a home you have to get a lien search done and make sure that there is no existing mortgage on the home or that it will either be assigned to the buyer or satisfied at closing.  You need to do the same thing here.
Answered on Jul 15th, 2014 at 11:49 AM

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