View Full Version : Mortgage lien
stillme
Jul 21, 2008, 07:33 AM
Some friends owe me money big time, they have a property, house, in Ontario Canada.
They live common law. Can I place a lien of moneys owed me, on their property for when they sell the house. Their house is due to be sold in 2 months. Can I make a claim. Either a lien, or mortgage lien? Please help.
JudyKayTee
Jul 21, 2008, 07:36 AM
Some friends owe me money big time, they have a property, house, in Ontario Canada.
They live common law. Can I place a lien of moneys owed me, on their property for when they sell the house. Their house is due to be sold in 2 months. Can I make a claim. Either a lien, or mortgage lien? Please help.
You must have a Judgment for the money they owe you before you can get a lien - a lien enables you to collect the Judgment.
I don't know if you have time to get a Judgment and file the lien.
The fact that they are or are not common law does not matter.
stillme
Jul 21, 2008, 09:58 AM
You must have a Judgment for the money they owe you before you can get a lien - a lien enables you to collect the Judgment.
I don't know if you have time to get a Judgment and file the lien.
The fact that they are or are not common law does not matter.
Thank you. Now, how do I get a judgment
JudyKayTee
Jul 21, 2008, 10:10 AM
Thank you. Now, how do I get a judgment
You sue them, go to Court, prove your case, Court awards you a monetary sum, that's your Judgment. Then you pursue them for the money.
Which Court depends on the dollar amount.
ScottGem
Jul 21, 2008, 10:15 AM
Judy is correct, but there is another way. However it it probably too late for your situation. If, when you loaned them the money, you got them to sign a promissory note pledging the property as collateral for the loan, you could use that note to file a lien against the property. But I suspect you don't have such a note so you will need to file suit against them.
stillme
Nov 18, 2008, 09:45 AM
Thank you all for your help.