Legal Question in Credit and Debt Law in Illinois

Can a lien be put on someone's elses property?

I am selling a house contract for deed. The man

living there has had a lien for #39,000.00 put against

it for a hospital bill. Is this a legal procedure?

He has not paid last year's taxes and I have a buyer

for the property. What can I do?

Asked on 9/26/00, 12:01 am

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Can a lien be put on someone's elses property?

A lien can only be validly asserted against property when the owner consents or when a judgment is entered by a court of competent jurisdisction over the owner of the property. The hospital's lien, cannot, therefore attach to your interest in the property, since it is not your bill. The taxes are a lien, however.

Your contract for the deed will specify your remedy, which may include a right to retake the property and sell it to your buyer. You may, however, have to record the contract and give the occupant an opportunity to satisfy the liens.

You should immediately have a competent attorney review your contract for deed, the hospital's alleged lien, and the taxes. As I have handled these matters before, please do not hesitate to call me at (630) 221-1755.

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Answered on 10/24/00, 10:55 am

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