What is the primary factor determining the classification of a lien as voluntary or involuntary?

The classification of a lien as voluntary or involuntary fundamentally hinges on the owner's actions regarding the lien. A voluntary lien is created with the owner's consent, typically when they take out a loan and provide collateral—like a mortgage on a property. The owner willingly enters into an agreement that allows the lender to place a lien against their property as security for the loan.

In contrast, an involuntary lien arises without the owner's consent. This might occur due to legal reasons, such as unpaid taxes or court judgments, where a creditor can place a lien to secure payment for debts owed.

The essence of the distinction lies in whether the owner's voluntary decision to incur the obligation exists. Thus, the primary factor determining the classification of a lien as voluntary or involuntary is indeed the owner's choice to incur the lien. Other considerations, such as the age of the lien, the amount of money involved, or the type of property secured, do not fundamentally influence the classification in the same manner. They may be relevant in other contexts, but they do not change the nature of how the lien was created.