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    nodepositback's Avatar
    nodepositback Posts: 1, Reputation: 1
    New Member

    Jul 3, 2007, 09:44 AM
    Can I put a Lien on a house to get my deposit back?
    I had a fire in my home last year. My insurance paid for me to live in another house, while my was being repaired. I lived in the house, without a lease, for 8 months. When I moved out, I left the place in the same condition as when I moved in, which wasn't the best. The floors, and windows needed replaced and the wall needed repainting when I moved in. I took pictures of almost everything. Now the landlord will not give back the security deposit of $2350, because she is saying that I did $6750 in damages. Basically she is wanting the hardwood floors and windows replaced, and the whole house repainted. I am told by my insurance company that I will have to take her to small claims court to get it. But I was wondering if I could put a lien on the house, since she is trying to sell it, and this would be more quick than Small claims court.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member

    Jul 4, 2007, 06:44 PM
    I think you could but small claims might be faster. If, for example, she decided not to sell or refinance, the lien normally just sits there with you waiting on your money. Might also be possible for her to secure a release of the lien by posting a surety bond. I would consult an attorney that practices in the state in which you reside. I am not one.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Jul 5, 2007, 06:52 AM
    Hello nod:

    It takes a judgment to place a lien, and you don't have one.

    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member

    Jul 6, 2007, 04:00 AM
    Real estate liens are often placed with no judgement or court case. i.e.. The IRS can file a lien on property with them securing a judgement that taxes are in default or without the taxpayer taking the case to tax court. Parites involved often want to secure possible loss of their monies, property while a court case is pending, thus the remedy is usually avialable in most jurisdictions for the simple reason that while the two parties argue, discuss, negotiate, wait for court cases to be resolved, the money, property in question is assured in that the real estate cannot he sold, refinanced. But I am not an attorney and you would be best serviced by consulting one.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member

    Jul 6, 2007, 03:17 PM
    You can't place a lien without a judgement... go to small claims and get a judgement then record it.

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