Can I file a lien against property for unpaid debts?

Full question:

Can I file a lien against property? The owner owes me about $8,000.00 and is getting ready to sell the property. I have cancelled checks showing that I paid this person’s late mortgage payments. This was about two years ago.

Answer:

The right to file a lien typically arises by law or through a contract. There are two main types of liens: particular and general. A particular lien allows a person to retain property due to money or labor invested in it.

Liens can be established in three ways: 1. By express contract; 2. By implied contract, based on trade practices; 3. By legal relationships, such as those involving common carriers or innkeepers. If you provide goods or services to someone, you may have the right to hold those goods until you are paid.

To create a valid lien, the following conditions must be met: 1. The claimant must have ownership or a vested right in the property; 2. The claimant must have actual or constructive possession of the property with the consent of the owner; 3. The lien must arise from an agreement, either express or implied, and not contradict the terms of that agreement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, it is possible for someone to place a lien on your property without your knowledge. Liens can be filed by creditors or service providers if they believe they are owed money. In many cases, the property owner may not be immediately notified of the lien until they attempt to sell or refinance the property. It's important to regularly check property records to stay informed about any liens that may affect your ownership.