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What are the requirements to place a lien on someone's home for money loaned?

What are the requirements to place a lien on someone's home for money loaned?

Q: Who has the right to put a lien on property?

Typically, creditors who are owed money can place a lien on property, provided they have a legal basis, such as a contract or a court judgment. This includes lenders, contractors, and government entities for unpaid taxes. Each state has specific rules governing who can file a lien and under what circumstances.

Q: Can a contractor put a lien on your house without a contract?

In most cases, a contractor needs a written contract to file a lien on your property. However, some states allow contractors to file a lien for unpaid work even without a formal contract, especially if they can prove the work was performed and the debt is valid. It's crucial to understand your state's lien laws.

Q: Does it cost money to put a lien on someone's house?

Yes, there are typically costs associated with placing a lien on someone's house. These may include filing fees charged by the county recorder's office and potential legal fees if you hire an attorney. The exact costs can vary by state and the specific circumstances of the lien.

Full question:

Can I put a lien on someone's house that borrowed money from me to help with the purchase of that house?

Category: Real Property
Subcategory: Liens
Date: 04/07/2025
State: California

Answer:

Typically, a security intererst is screated in the promissory note. However, if you get a money judgment, their property may be attached. In California a creditor with a judgment must take an additional step to create a judgment lien. A judgment lien on real estate is created when an abstract of judgment, issued by the court after entry of judgment, is recorded in the records of the county recorder. A judgment lien on personal property is created by filing a notice of judgment with the Secretary of State.

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

Can someone put a lien on my house without a contract?

Generally, a lien cannot be placed on your house without a valid contract or legal basis. However, certain circumstances, like unpaid taxes or court judgments, can lead to a lien being placed without a direct contract. Always consult with a legal professional if you suspect a lien has been improperly placed on your property.

How can someone put a lien on your house without you knowing?

A lien can be placed on your house without your knowledge if it results from a court judgment or unpaid debts, such as taxes. These liens are typically recorded with the county recorder's office, which may not notify you directly. It's important to regularly check public records to stay informed about any liens on your property.