Legal Question in Real Estate Law in Illinois

property lien for money owed

I have been scammed out of $50,000 in a real estate scheme and wish to place a lien on any property that scammer might have available. He has a house but it is fully mortgaged. Can a lien be placed on this property anyway or do I have to do an ''asset discovery'' as part of a lawsuit? I realize that these might be 2 different questions. Thanks


Asked on 8/04/08, 10:14 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: property lien for money owed

You need to sue him and win first. Then you can lien his property.

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Answered on 8/05/08, 10:18 am
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: property lien for money owed

As the other attorney said, you need to sue him and then place a "Memorandum of Judgment" in the county where you believe he has property. That will be considered a lien for 7 years on any property he has in that county. You may also (after you get a judgment) do a Citation to Discover Assets, which will tell you what his assets are. Additionally, have you considered following up with the police to see if a crime was committed?

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Answered on 8/05/08, 12:45 pm


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