I have a $15,000 promissory note currently in default by a resident of Tupelo, MS. Of the $15,000 note, $12,900 is outstanding and is six months overdue. All letters have been ignored. Is it possible for me place a lien on his property?
3 Answers from Attorneys
Do you have a deed of trust against the property? If so, then you can simply foreclose. If not, then you would have to file suit.
You cannot place a lien after default on a promissory note without a judgment. Unlike Tennessee, a judgment in Mississippi is an automatic lien on real property. If the individual lives in Tupelo, you would need to file suit in County Court in Lee County, Mississippi, and obtain a judgment to have a lien on any real property he or she would own in that county.
You would need to get a judgment against him first.