Full question:
My cousin's wife let my husband and me use her credit and name to purchase the home we live in now. She has never put any money toward the house, purchased insurance, or paid taxes. She did; however, ask to borrow our equity to purchase a semi-truck for their work. Well, now she is trying to take the house from us. I would like to put a lien on our house so she cannot sell it. I would also like to put a lien on her truck since she purchased it with our equity. Is this possible?
- Category: Judgment Liens
- Date:
- State: California
Answer:
The ability to place a lien depends on who holds the titles to the properties and the nature of any agreements. A lien is a claim on someone else's property for a debt they owe. If the property is not in the debtor's name, you typically cannot place a lien on it.
There are different types of liens:
- Security interest: This is created through a loan agreement, allowing the creditor to repossess the property if the debtor defaults.
- Mechanics lien: This is established through court action when payment for work or repairs is not made.
- Judgment lien: This is created when a court awards a judgment that remains unpaid.
To determine if you can place a lien on your cousin's wife’s house or truck, consider the following:
- Do you have a contract that gives you a security interest in the house or truck?
- Have you performed unpaid work, repairs, or improvements on the house or truck?
- Can you obtain a judgment for money damages that could lead to a lien if unpaid?
Consulting with a legal professional is advisable to explore your options.
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.