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Luke0373 · Jul 23, 2008, 03:35 PM

I would like to file a lien on my aunts house. She is very sick and her kids (who by the way have never been around in ten years) are wanting to sell it. I am in her will, as well as the other two kids. I have spent $16,000 in repairs over the past few years to keep it rented. The rent is only paying the taxes. No income off the $500 rental. How do I file the $16,000 lien so when the house is sold, I can get my money back. I have receipts for the air conditioner, plumbing, painting and roof. Thanks!

rockinmommy · Jul 23, 2008, 06:20 PM

Start making calls in the county where the property is located. I'm sure this varies by location, but it seems like you might be able to file a mechanics lien. Did you actually do the work, or just pay to have it done? If you DID it yourself, that's what you would do.

If you just paid to have the work done, then unfortunately I believe you'd have to get a judgement against your aunt. You could then file the judgement against her asset (the house.) And with it being $16,000 you're probably not looking at small claims. I guess you could do the individual invoices separately to get multiple judgements.

Is she too sick to make some sort of arrangements? If you could get a voluntary lien drawn up that she could sign then you could file it.

Probably worth a call to an attorney.

Luke0373 · Jul 24, 2008, 01:04 PM

Thanks for your prompt reply. I did the work myself... or paid for the air conditioner, painting, carpeting and tree trimming. Not sure how to file a mechanic's lien on the house so that way when it does sell, I will at least get my money. Yes, my aunt is in a nursing home. She is too sick to sign anything. Thanks again for your quick reply. But what call to I make in the county to file a mechanic's lien?

rockinmommy · Jul 27, 2008, 09:27 AM

Originally Posted by Luke0373

But what call to I make in the county to file a mechanic's lien??

Well, I guess I'd just start calling around to various county offices. Someone will be able to tell you which one handles such liens. Possibly county recorder, county treasurer? Do you know any licensed contractors? They would probably know the process.