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View Full Version : Putting a Lean on a house or property after 25 years.


BryanP1975
Jun 20, 2007, 09:23 PM
I would like to know if it is at all possible to put a lean on a home or property for the cost
Of the land the home was built on if the person has never paid the loan off and it has been
About 25 years since the land was purchased. We have all the receipts and paperwork. A
Little more info... My grandmother purchased a lot for her then son in law to have a home
Built and now he is trying to sell the home but cannot because of his divorce from my
Grandmothers daughter. He was supposed to pay her in the divorce and never did. But he also never paid my grandmother for the land. Is there any way to put a lean on the home or property now since it has been so long??

excon
Jun 21, 2007, 06:58 AM
He was supposed to pay her in the divorce and never did. But he also never paid my grandmother for the land. Is there any way to put a lean on the home or property now since it has been so long???Hello Bryan:

The short answer, In my opinion, is no.

However, in the law, nothing is quite as simple as it appears on the surface. Indeed, much depends on the agreement between your grandmother and her then son-in-law. And, what she did about it back then when he didn't pay. And, why there wasn't a lien placed THEN. Plus, there are other events layered on top that also are going to affect the eventual outcome. And, I haven't even begun to talk about statutes of limitations.

The divorce may or may not affect the outcome too.

Therefore, IF the amount of money in question is substantial enough to fight over, then you're going to need an attorney do it. YOU filing a lien yourself, EVEN if you can do it, would be like putting a band aid on cancer.

excon

ScottGem
Jun 21, 2007, 08:02 AM
The problem here is the Statute of Limitations. Generally it would have passed long ago to file suit against him.

However, you need to look in that paperwork and see if a lien was filed at the time. Or contact a real estate attorney or title company to see what options your grandmother has.