legal lien

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A legal lien is a type of lien arising out of common law courts rather than courts of equity. A legal lien allows a creditor to retain physical possession of property as security for some obligation owed to the creditor. The holder of a legal lien generally cannot dispose of the property for money. Instead, the continued possession of the property serves as an impetus for the debtor to make good on the underlying obligation. A legal lien differs from an equitable lien based on origin but parties holding equitable and legal liens are treated equally in the distribution of value if the property is sold.

[Last updated in June of 2023 by the Wex Definitions Team]