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    stillme's Avatar
    stillme Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Jul 21, 2008, 07:33 AM
    Mortgage lien
    Some friends owe me money big time, they have a property, house, in Ontario Canada.
    They live common law. Can I place a lien of moneys owed me, on their property for when they sell the house. Their house is due to be sold in 2 months. Can I make a claim. Either a lien, or mortgage lien? Please help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 21, 2008, 07:36 AM
    Quote Originally Posted by stillme
    Some friends owe me money big time, they have a property, house, in Ontario Canada.
    They live common law. Can I place a lien of moneys owed me, on their property for when they sell the house. Their house is due to be sold in 2 months. Can I make a claim. Either a lien, or mortgage lien? Please help.

    You must have a Judgment for the money they owe you before you can get a lien - a lien enables you to collect the Judgment.

    I don't know if you have time to get a Judgment and file the lien.

    The fact that they are or are not common law does not matter.
    stillme's Avatar
    stillme Posts: 8, Reputation: 1
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    #3

    Jul 21, 2008, 09:58 AM
    Quote Originally Posted by JudyKayTee
    You must have a Judgment for the money they owe you before you can get a lien - a lien enables you to collect the Judgment.

    I don't know if you have time to get a Judgment and file the lien.

    The fact that they are or are not common law does not matter.
    Thank you. Now, how do I get a judgment
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 21, 2008, 10:10 AM
    Quote Originally Posted by stillme
    Thank you. Now, how do I get a judgment


    You sue them, go to Court, prove your case, Court awards you a monetary sum, that's your Judgment. Then you pursue them for the money.

    Which Court depends on the dollar amount.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 21, 2008, 10:15 AM
    Judy is correct, but there is another way. However it it probably too late for your situation. If, when you loaned them the money, you got them to sign a promissory note pledging the property as collateral for the loan, you could use that note to file a lien against the property. But I suspect you don't have such a note so you will need to file suit against them.
    stillme's Avatar
    stillme Posts: 8, Reputation: 1
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    #6

    Nov 18, 2008, 09:45 AM
    Thank you all for your help.
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