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

    Sep 5, 2013, 05:08 AM
    Can I put a lien on a house?
    I lent a friend the down payment for her house, and now she refuses to repay me. There are court documents that prove I lent her the money. Can I put a lien on the house to recoup the down payment?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #2

    Sep 5, 2013, 05:25 AM
    Why not just take her to court for the amount? Putting a lien on it will not get you your money back until she decides to sell the house.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Sep 5, 2013, 06:59 AM
    A lien is an encumbrance on an asset preventing its sale until the debt is established. So that doesn't help you recoup the loan immediately. Also you can't place a lien unless you have a note that lists the property as collateral or a judgment against the debtor.

    What court documents prove the loan?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Sep 5, 2013, 07:03 AM
    Quote Originally Posted by ScottGem View Post
    ... Also you can't place a lien unless you have a note that lists the property as collateral or a judgment against the debtor....
    A note, all by itself, is not enough to file a lien.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Sep 5, 2013, 07:06 AM
    Quote Originally Posted by AK lawyer View Post
    A note, all by itself, is not enough to file a lien.
    Depends on the note. My bank has a lien on my house because I signed a mortgage note. If the note lists the property as collateral I'm pretty sure it can be used to record a lien.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #6

    Sep 5, 2013, 07:10 AM
    Look up the limit for Small Claims on your state.gov website. They vary a lot, often between 5K and 10K. How much did you lend? Is interest being charged?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #7

    Sep 5, 2013, 07:47 AM
    Quote Originally Posted by ScottGem View Post
    Depends on the note. My bank has a lien on my house because I signed a mortgage note. If the note lists the property as collateral I'm pretty sure it can be used to record a lien.
    Your bank has a lien because you signed a mortgage, as well as the mortgage note. The mortgage is the lien, the note is not.
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!

To put a lien on a house [ 2 Answers ]

I have done the tile work done at my in law house 4 years ago . He said he will give me the money but the finical stuition in tight and I will pay later . Every time I ask for the money he says he will pay soon . I don't want to put the lien because I know my relation with my wife will be effected...

What to do if a lien is put on my house [ 15 Answers ]

I didn't pay my credit cards three years ago to Capital One Bank because of my hardship, I got disable and divorce from my wife, to save my house I had to stop paying the credit card, I received a Notice of Involuntary Lien on my house from the county of los angeles, Registrar-Recorder/County Clerk...

How do I put a lien on a house in Ontario? [ 1 Answers ]

I have an order from the Courts stating my ex-husband is to sell the matrominal home, court order dated January 2011. I have made several repeated attempts to settle this issue with him with no result. He is beyond unco-operative in the fact he won't put the house on the market and is refusing any...

How do I put a lien on a house? [ 3 Answers ]

We were purchasing a house from a friend, on a verbal land contract, we have 2 signed & notarized affidavits stating that they witnessed the agreement that took place between us. This friend quit paying the mortgage company, and it is presently in foreclosure. She has also filed bankruptcy against...

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?

View more questions Search