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-   -   Mechanics liens and liens against property (https://www.askmehelpdesk.com/showthread.php?t=198945)

  • Mar 26, 2008, 02:18 PM
    tomsblue
    Mechanics liens and liens against property
    I lent my son in law $10,000 to put down payment on a home about a year and a half ago
    My question is how do I put a lien on the house and which state do I do it in . I'm in Calif.
    And the house is isn't Arizona. And do I just record it with the county or court or what?
  • Mar 26, 2008, 04:04 PM
    progunr
    You will have to sue your SIL before you can attach a lien.

    If you have signed documents and can prove the debt, this should not be a problem.

    Once you obtain your judgment, then you can proceed in your efforts to collect it.

    Good Luck.
  • Mar 26, 2008, 04:20 PM
    tomsblue
    Quote:

    Originally Posted by tomsblue
    I lent my son in law $10,000 to put down payment on a home about a year and a half ago
    my question is how do I put a lien on the house and which state do i do it in . I'm in Calif.
    and the house is isn Arizona. and do I just record it with the county or court or what?

    I have the signed note. But I was wondering if I had to record it. I did the same thing;borrowed from my mother in law, to have a down payment for a house. Afterward
    We found out through re-financing that the loan was recorded and she had to subrigate( Ithink that's the term) to the finance company. So I don't know if that was actually a lien
    But it behaved the same way. Also, there's a term called a "friendly lien" that's out there
    Does anyone know what's up with that? If I didn't earlier, thanks for the response and any other help
  • Aug 5, 2008, 09:12 PM
    dogtrainer
    You don't have to sue your SIL... get him to acknowledge the debt and sign a document agreeing to use the home as security/collateral for the repayment of the debt. Have him voluntarily sign a lien and then file the lien with the appropriate country recorder's office. The appropriate office would be the county in which the home is located. Once you have filed the lien it creates a cloud on the title which must be resolved before clear and equitable title can be conveyed to a new purchaser. Anyone performing a title search pursuant to escrow instructions will find the cloud.

    ***Nothing in this answer should be construed as legal advice and no attorney-client relationship is established. You should not rely on this answer, but should contact a Real Estate attorney in California and/or Arizona.***

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