Can I place a lien on a house for borrowed money?

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:
  • State: California

Answer:

Typically, a security interest is created in the promissory note. If you obtain a money judgment, you can attach their property. In California, a creditor with a judgment must take an additional step to create a judgment lien. This lien on real estate is established by recording an abstract of judgment, which is issued by the court after the judgment is entered, in the county recorder's office. For personal property, a judgment lien 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

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.