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    kepper's Avatar
    kepper Posts: 3, Reputation: 1
    New Member
     
    #1

    Apr 29, 2007, 10:14 AM
    Can I file a lien on someone's real property?
    Hello,
    I made a personal loan (5k) to my sister and her husband in another state. I have a notorized signed promissory note on this loan. The loan was for the purpose of them buying real estate property. They are getting a divorce. Long story short: I would like to file a lien on this property. I am thinking if I do this, and they attempt to sell this property at some point in the future, this lien will have to be satisfied before they can sell.

    The property is in Idaho and I live in Arizona.

    2 questions:

    1) Can I do this?

    2) How do start the process?

    Thanks for your consideration.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #2

    Apr 29, 2007, 11:19 AM
    Determine small claims court limit in Idaho and file in Small Claims, get a judgement and record it against the property... you can't lien the property without a judgement.
    kepper's Avatar
    kepper Posts: 3, Reputation: 1
    New Member
     
    #3

    Apr 29, 2007, 03:03 PM
    Thanks. I think I've determined that the small claims limit is 4,000.00.

    So, would I need to contact an attorney in Idaho to file for me, or can I use an attorney in AZ, or can I do this myself without the aid of an attorney.

    Thanks again for your quick reply.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #4

    Apr 29, 2007, 03:05 PM
    Check SCC limit in AZ AND how you can record a "foreign" judgement from AZ in Idaho... your "note" should have a collection provision with attorney fee clause so hiring an attorney in ID may be your best option.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #5

    Apr 29, 2007, 03:19 PM
    Small Claims - Self-Help Center, Idaho Supreme Court

    According to this website, the Idaho limit is $5,000... double check the $4,000 you found as the websites I checked have VA's limit at $2,000 and it is $5,000 as of 7/1/06
    kepper's Avatar
    kepper Posts: 3, Reputation: 1
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    #6

    Apr 29, 2007, 03:35 PM
    Hhmmm. Iteresting. Thanks. I should have made a note of the website I checked. I'll other sites as well.

    Thanks again!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 29, 2007, 03:39 PM
    Even if you get a judgement you may not be able to file a lien. Unless you can prove that the purpose of the loan was to purchase that property, most states do not allow a lien for unsecured debt to be placed against a primary residence.

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