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How do I put a lien on a house?
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 us, so that we cannot reclaim any of the money that was paid to her, or repairs that were done to the house. This week the furnace went out, and our out of pocket expenses for it were $750.00. We have receipts for all things that were purchased for the house, plus I took before, during and after pictures while repairs were made. I live in the state of Wisconsin, and do not know if I can legally put a lien on the house, to try to recoup our losses. If you know or might be able to help me. Thank you in advance
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The time to put a lien on the house was when you signed the deed over to them. What I don't understand, if the house is in foreclosure, who is foreclosing. To foreclose, means that a loan secured by the property was defaulted on. In that case a lien isn't necessary. If the foreclosure is being processed by someone else, then there may not be anytrhing left after the sale for you.
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It was never titled into our name, the original owner kept it in hers, and we made payments to her, and she paid them to the mortgage company that she owed. We are trying to work something out with the mortgage company, and have explained the situation to them.
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Ok, I misread the question. What you are doing is a contract for sale. However, without proof of the contract, you have little standing. However, if the mortgage company will let you, you can try to assume the mortgage. You will probably have to pay the arrears then sue your alleged friend.
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