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    celaine7575's Avatar
    celaine7575 Posts: 1, Reputation: 1
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    #1

    Jun 24, 2009, 07:58 AM
    Property lien
    We are owed money from persons in Indiana and we live in Tennessee. Can we file a lien on the property for the money so when it is sold they have to pay?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 24, 2009, 09:09 AM

    You can't file a lien unless you have a judgment against them.

    Tick
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jun 24, 2009, 08:14 PM
    Quote Originally Posted by celaine7575 View Post
    We are owed money from persons in Indiana and we live in Tennessee. Can we file a lien on the property for the money so when it is sold they have to pay?
    You are confusing a mechanic's lien with money owed which are two different things. Money owed would have to be filed in Small Claims court (depending on the amount) and a Judgment won by you for the amount owed. Then the Judgment would be recorded against the real estate for 10 years and then renewed for another 10 years for a total of 20 years in some states.

    It's not that easy to just file a lien on someone's real estate for money owed. If it was, then the person would be denied their day in court to defend themselves and everyone from your dentist, doctor, accountant, lawyer, etc who is owed money could do the same without a Judge signing anything.
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