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Laura529 · Apr 21, 2008, 05:09 PM

The mortgage is not in my name, it is in my fiancés, I am on the deed however.
My mother is saying she's going to put a lien on the house since I "owe" her money. About 3 years ago when I had my daughter, she gave me 4k to put towards an SUV she had found for sale at a great price at a local dealer. I told her no, I don't need it, I can't afford it and my Honda is just fine. She insisted I needed the truck and said she would give me the money since she didn't want her granddaughter to be driven around in a small car. I have decided I don't want her in my or my daughters life due to her attitude and mental instability, and now she thinks she can put a lien on our house we just bought since she wants her money back. I didn't think to write something saying "this is a gift" when she handed me the cash since I just never thought my mother would do to me what she does to everyone else. Can she really do this??

JudyKayTee · Apr 21, 2008, 05:15 PM

Originally Posted by Laura529

The mortgage is not in my name, it is in my fiances, I am on the deed however.
My mother is saying shes going to put a lien on the house since I "owe" her money. About 3 years ago when I had my daughter, she gave me 4k to put towards an SUV she had found for sale at a great price at a local dealer. I told her no, I dont need it, I can't afford it and my Honda is just fine. She insisted I needed the truck and said she would give me the money since she didnt want her granddaughter to be driven around in a small car. I have decided I dont want her in my or my daughters life due to her attitude and mental instability, and now she thinks she can put a lien on our house we just bought since she wants her money back. I didnt think to write something saying "this is a gift" when she handed me the cash since I just never thought my mother would do to me what she does to everyone else. Can she really do this????

She needs to get a Judgment against you first - you can't just run around filing liens against people. If she gets a Judgment, yes, she can lien against your property. In some States it's an automatic lien.

It will be your word against hers and the Court will believe one of you.

Fr_Chuck · Apr 21, 2008, 05:15 PM

She will have to first sue you for the money in court. If she wins, she will get a judgement, if she gets a judgement, she can ( if your area allows) garnish your wages, attach your bank account or try and put a lien on your property ( it is yours since your name is on the deed)

Now she has to win, she will have to prove it is a loan, and you will need to show the best you can that it was a gift.

Laura529 · Apr 21, 2008, 06:01 PM

Thanks for the quick responses!
I thought she would have to go to court first and win before she could just try and stick a lien on the house. My 2 younger brothers were aware this was a gift, she has done the same thing for them. She gave one of them money for good faith deposit on his house, and the other, she gave him the rest of the money he would need to buy a Camaro when he turned 19. I would never have accpeted the money if it was supposed to be paid back! She's also talking about trying to get Grandparents Rights to my daughter, which I know is another board and topic in iteself!