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 answer will depend on whose name is on the titles to the property involved and the nature of the contracts. Generally, a lien is a claim on the property of another for a debt they owe. Therefore, if the the property is not owned by the debtor, such a not having the debtor's name on the title or deed, a lien may not be placed on the property not owned by the debtor.
There are various types of liens. A security interest, such as one created in a promissory note or other loan agreement, such as a mortgage, gives the creditor the right to repossess the property pleged in the agreement as collateral if the debtor defaults by not paying according to the loan terms. A mechanics lien is created through court action after a party fails to pay for work, repairs, or improvements to property. A judgment lien is a lien the court is asked to create after a party wins a judgment against another and the judgment remains unpaid.
In order to determine whether you may place a lien on the cousin's wife, you will need to determine whether a) you have a contract creating a security interest in the house or truck that is titled in her name, b) you have performed unpaid labor for work, improvements, or repairs, to the house or truck that is titled in her name, or c) you may win a judment for money damages in court that may be later used to petition for a lien against the house or car that is titled in her name, if the judgment isn't paid.
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.
