Legal Question in Real Estate Law in Texas

How can I put a lien against someones property for money (thousands of dollars)

My sister and her husband borrowed approx $20,000.00. I have receipts for all the money loaned and she refuses to pay back the money. I would like to know how I can place a lien against her property, because she is trying to sell her home.


Asked on 1/08/02, 7:24 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: How can I put a lien against someones property for money (thousands of dolla

You can't. In Texas, a gneral creditor such as you cannot lien the debtor's homestead. I suggest you sue her, take a judgment, and wait for a chance to collect from another source of money. One exception: if you can PROVE that some or all of the money you advanced went DIRECTLY into the home for purchase money or improvements, you might have a shot at encumbering the homestead, but if you try and fail, the negative consequences to you would be substantial.

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Answered on 1/09/02, 4:05 pm


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