I loaned someone $4000 a few months ago (personal loan). He is now in jail and it doesn't look good. He has his house for sale and has over $200,000 in equity. His mother is on the title. I understand that in California, I need to get a judgement in small claims court before being able to place a lien against the property. But do I sue him only or him and his mother.
Thanks.

You sue him - his mother does not owe you anything.

A lien is filed against property he owns, jointly or individually.

There are two general types of liens:

• consensual
• nonconsensual

A mortgage would be one example of a consensual lien. If he is willing to give you one, that would work.

A judgment is a nonconsensual lien. There are other types, but normally not one to fit your circumstances.