Legal Question in Intellectual Property in California

lien on a house

Hello, can you please direct me how I can put a lien on a house I lend some money to a person and I have notariced everting and I do not know what type of forms and where to get it.


Asked on 3/30/07, 12:46 pm

2 Answers from Attorneys

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

Re: lien on a house

With the exception of a mechanic's lien, there is no way for a private citizen to put a lien on someone else's real estate without (1) the consent of the property owner or (2) obtaining a court judgment.

So, if you lent money but did not obtain a security instrument from the borrower, e.g., a mortgage or deed of trust, your only way to get a lien would be to file a lawsuit and win.

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Answered on 3/30/07, 12:54 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: lien on a house

You would need a court judgment to place a lien on the home at issue, since this was a monetary loan and not a mechanic's lien per se. If the monetary loss here is substantial in your opinion, you should retain an attorney ASAP to put things in motion.

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Answered on 3/30/07, 3:00 pm


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