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-   -   Lean on home (https://www.askmehelpdesk.com/showthread.php?t=95554)

  • May 24, 2007, 02:09 PM
    olaf johanson
    Lean on home
    How do I place a lean on a home
  • May 24, 2007, 02:47 PM
    shygrneyzs
    To put a LIEN on someone's house if they owe you money is quite a procedure. There are 2 routes you can take. 1. contact your local county tax assesor's office and get the instructions from them. 2. (recommended) file for a lien at your county's or states superior court.

    To place a lien against real property (such as a home) due process of law has to be followed. The plaintiff must file a lawsuit in the appropriate court of venue, usually Circuit or District Court. If the plaintiff wins the suit, they can file for a writ of judgment and execute the judgment as a lien against property. In every state the legal process must be followed exactly for the judgment to be valid. For example if the person resides in a TBE state and is married, and the debt is not a joint marital debt, a lien cannot be executed against the property. Contact the clerk or administrator of the court in which the lawsuit will be filed for guidance in the proper procedures.

    Best advice - check your local and state laws concerning this. Not every state is the same.
  • May 24, 2007, 03:00 PM
    ScottGem
    It also depends on the nature of the debt. In most places a primary residence is usually exempt from being encumbered over unsecured debt. On the other hand, if you did work on the house and weren't paid you may find it easy to place a mechanic's lien.

    You are aware, though, that a lien only requires payment when the house is sold. And then only after the primarily lienholders are paid.

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