What distinguishes a voluntary lien from an involuntary lien?

A voluntary lien is characterized by the explicit consent of the property owner, which means the owner has actively agreed to the terms of the lien, usually in the context of securing a loan or financing. For example, when a homeowner takes out a mortgage, they are willingly placing a lien on their property. This type of arrangement often involves a formal agreement where the property owner acknowledges the obligation to repay a loan, thereby granting the lender a claim against the property as security for that loan.

On the other hand, involuntary liens are placed without the property owner's consent. These might arise from legal judgments, unpaid taxes, or contractor’s liens when work has been done on the property, but the owner has not paid. Involuntary liens essentially create a claim against a property as a result of circumstances often beyond the owner’s voluntary actions, such as legal action or statutory requirements.

Additionally, voluntary liens can apply to both real property and personal property, while involuntary liens may extend to various types of property as determined by the nature of the debt or legal claim. Thus, the key distinction lies in the owner’s consent and the context in which the lien is established. This understanding reinforces the fundamental concepts related to property law and lien provisions in Colorado and helps clarify