Hello,
I made a personal loan (5k) to my sister and her husband in another state. I have a notorized signed promissory note on this loan. The loan was for the purpose of them buying real estate property. They are getting a divorce. Long story short: I would like to file a lien on this property. I am thinking if I do this, and they attempt to sell this property at some point in the future, this lien will have to be satisfied before they can sell.

The property is in Idaho and I live in Arizona.

2 questions:

1) Can I do this?

2) How do start the process?

Thanks for your consideration.

Cvillecpm

Determine small claims court limit in Idaho and file in Small Claims, get a judgement and record it against the property....you can't lien the property without a judgement.

kepper

Thanks. I think I've determined that the small claims limit is 4,000.00.

So, would I need to contact an attorney in Idaho to file for me, or can I use an attorney in AZ, or can I do this myself without the aid of an attorney.

Thanks again for your quick reply.

Cvillecpm

Check SCC limit in AZ AND how you can record a "foreign" judgement from AZ in Idaho...your "note" should have a collection provision with attorney fee clause so hiring an attorney in ID may be your best option.

Cvillecpm

Small Claims - Self-Help Center, Idaho Supreme Court

According to this website, the Idaho limit is $5,000....double check the $4,000 you found as the websites I checked have VA's limit at $2,000 and it is $5,000 as of 7/1/06

kepper

hhmmm. Iteresting. Thanks. I should have made a note of the website I checked. I'll other sites as well.

Thanks again!

ScottGem

Even if you get a judgement you may not be able to file a lien. Unless you can prove that the purpose of the loan was to purchase that property, most states do not allow a lien for unsecured debt to be placed against a primary residence.