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-   -   Mortgage lien (https://www.askmehelpdesk.com/showthread.php?t=239866)

  • Jul 21, 2008, 07:33 AM
    stillme
    Mortgage lien
    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.
  • Jul 21, 2008, 07:36 AM
    JudyKayTee
    Quote:

    Originally Posted by stillme
    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.
  • Jul 21, 2008, 09:58 AM
    stillme
    Quote:

    Originally Posted by JudyKayTee
    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
  • Jul 21, 2008, 10:10 AM
    JudyKayTee
    Quote:

    Originally Posted by stillme
    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.
  • Jul 21, 2008, 10:15 AM
    ScottGem
    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.
  • Nov 18, 2008, 09:45 AM
    stillme
    Thank you all for your help.

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