[blueiiii]

Can you tell me if I am to late to place a property lien on my sisters home.

My sister has defaulted on a $75,000.00 promissary note with my father. She was selling her home and we thought about putting a lien on her Texas property. In the meantime she sold her home although I did find a document on file that is a Gerernal Warranty Deed stating she is the Grantor and that she

"Hereby acknowledge the further consideration of the execution and delivery by said Grantee of certain Promissory Note on the principal sum of $85,000.00 payable to the order of Network Funding Mortgage bearing interest. In case of default being secured by vendor’s lien and Superior Title being secured by a Deed of Trust. Grantee paid to Grantor a portion of the purchase price of the property as evidence but the note vender, lien & deed of trust against said securing payment of said not".

Since there is an outstanding promissory note that has not been paid off do you know if she still owns this property and we could still put a lien on her property?

[joypulv]

You don't say WHEN this deed was dated.
I have never seen a property change hands with a lien not discharged. But it looks like the new owners own it, and he can collect the withheld amount from them. Although truthfully I find it all confusing. Is this Funding company associated with your father?

Is he alive? You ask if "I" and "we" can put a lien on it. Is she totally on the outs with the entire family, and none of you know what she is doing?

[AK lawyer]

The time to "place a lien on" the property would have been when your father loanded the money to your sister. He should have received a mortgage from her at that time. With certain limited exceptions that don't apply here, you (if he at some point assigned the note to you) or your father's estate if he is deceased, cannot place a lien upon property without first suing the debtor and obtaining a judgment.