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Terri Diegel
May 30, 2007, 10:48 AM
Hi,
If my husband and I sign a promissory note oweing someone money, can they automatically put a lien on our home without our permission?
Thank you

mr.yet
May 30, 2007, 10:49 AM
Are you on the Deed?

Terri Diegel
May 30, 2007, 11:13 AM
Yes, both my husband and I are on the deed.

mr.yet
May 30, 2007, 11:15 AM
Normally the lien will have to be approved by both parties. Just like he cannot sell it without your permission.

So if they have place a lien on the home without your consent have it removed.

jillianleab
May 30, 2007, 04:27 PM
I had an HOA put a lien on my investment property without notifying me. I don't know if given the nature of HOAs it's different, but I can tell you for sure it happened! If you don't get a firm answer here, see if you can call a real estate attorney in your area; some will give advice over the phone at no charge, or will only charge a small amount.

Good luck!

Fr_Chuck
May 30, 2007, 08:15 PM
If you are signing a note, please read all the fine print to be sure it does not allow, But on a basic signuture loan, were nothing is being used to secure the loan, you would have to be in default on the loan, and they could get a judgement and then place a lien ( and even that depends on state law)