Legal Question in Real Estate Law in California

lien on property

How do I place a lien on a property that is being sold?


Asked on 11/16/00, 10:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: lien on property

It depends upon the nature of your right to place a lien on the subject property and your intent in placing the lien. Unless you are a contractor with experience in such matters and you have only a routine mechanic's lien in mind, you should confer with an attorney. There are techniques such as a "lis pendens" (or notice of pending litigation) that can be used if the dispute involves the property itself. If you are only a general creditor seeking to collect a money debt, your attorney will probably explain remedies with names like constructive trust and equitable lien. In these latter instances, filing a lawsuit would be necessary. If you have some kind of judgment you should inquire of the attorney who represented you in obtaining it whether that judgment is recorded as necessary to become a lien on the particular property you have in mind.

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Answered on 11/27/00, 2:05 am


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