Ask Experts Questions for FREE Help !
Ask
    nodepositback's Avatar
    nodepositback Posts: 1, Reputation: 1
    New Member
    		  
    #1

    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
    		  
    #2

    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
    		  
    #3

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

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

    excon
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member
    		  
    #4

    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
    		  
    #5

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can I put a lien on a property myself? [ 3 Answers ]

I live in a major city in Ontario, Canada. I provided a substantial loan to a person renovating a property to flip. We have a written contract. That person is delinquent in repaying the loan by several weeks. I have not been able to have phone contact. Can I proceed to put a lien on the...

Lien on the house [ 1 Answers ]

How to Put Lien on the house where I made a job by the contact and was not paid for rendered services ( Customer's cheque was returned for NSF).

Can he put lien on my property? [ 1 Answers ]

I purchased a home that I let my boyfriend move into with me and my 2 children. We have lived there for 5 years, almost 6 years. We had been together on and off for 10 years. He lived with me for a while in my apartment in Portland. Things aren't working out between us, and I want him out of my...

Selling before they put lien on house [ 4 Answers ]

My mother-in-law is in a bit of trouble and may have a lean on her house put into effect. She wants me to buy it from her before this happens... what kinds of issues should I be worried about?

Can credit card companies put a lien on my house? [ 5 Answers ]

Hi everyone! I live in Broward county, Florida, I defaulted in three unsecured business loans and two unsecured business credit cards all are guaranteed personally by me, now that the business has failed and the S corporation is dissolved, can these creditors go after me and put a lien on my...

View more questions Search