Can any one file a lien against property in CA?
I'm in CA and in 2004 I loaned a friend a considerable amount of money. He secured the loan with a straight note putting his house up as collateral. The terms of the loan were for him to pay me interest only for 3 years and at the end of 3 years the principal was due. A year and a half into the loan he stopped paying me. Said he ran out of funds and could he have a 6 month reprieve. I agreed. Not much else I could do. He has never continued payments. Every time I ask he says, he is sorry he has no money and couldn't possibly pay me. 9his wife got her masters in education administration and works full time) His loan was due in full in December of 2007.
I have consulted with 2 different attorneys who told me it would cost me $5,000 to get a judgement to file a lien against his property. Not having any money (this friend took all I had and left me with two foreclosures on my credit) I couldn't possibly pay them the $5,000. I don't want this guy to be able to up and sell his house when the market turns with out paying me back something.
Here is my question. If a contractor or a mechanic can file a lien against your property for unpaid funds. Isn't it possible for me to file a lien against his property for this unpaid personal loan with out having to pay $5,000. If I can file the lien myself how would I go about doing it?
This guy is a fraud and not only took my money, he took money from others all under the pretense of investing it in real estate. Several people were stuck with foreclosures after he spent funds collected on personal things rather then on house payments.