We lent money to someone and we were trying to find out about putting a leen on there home?

Question

He owes us a lot money and we have sent him bills

Answer 1

Do you have something in writing that says you loaned him the money with his signature?  You will need that to move forward.  You will need to start by suing him.  If you don't have it in writing, I've heard this trick:

Say the guy owes you $8,000. Send him a letter certified mail that asks him for the $10,000 he owes you.  Make sure to include a stamped envelope with your address on it so he will respond.  He will probably send you a response that says "I only owe you $8000!".  Viola, you have your proof.

Bums suck, so sorry you have to go through this!

Answer 2

The laws on liens vary from state to state.  Best you can do is consult a real estate lawyer to handle your claim.  Try www.lawfirms.com

Answer 3

Depending on the state you live in the laws vary.  But in general yuo will need to take the person to court to get judgment.  Once you receive the judgment you may have it docketed in the land records of any county that you expect the person owns property, so if the property is sold or refinance, the debt must be paid off to get clean title.  In addition, once you receive judgment you may continue to collect by garnishing wages and bank accounts.  You may also be able to hold debtor interrogatories which will give you more financial information on the debtor.  Best thing call the court, most states you can do this type of collection without an attorney and the  clerks will be very helpful

Answer 4

Placing a lien on another's property is not a simple process.  First, you must sue the creditor in court to obtain a judgment for payment. Once you have that, then you need to go to court to effect a lien on the property.

Depending on the state in which you live, you may be able to force sale of the asset (home) in order to receive payment.  In some states, you simply have to wait until the owner is ready to sell the property, which may not be until death.

Answer 5

Usually (and this varies by state) a lien cannot be placed on a person's personal residence as well as their vehicle. This is because it's viewed they need to keep a roof over their head and transportation to get to and from work. The only person who can take the car is the bank or dealership who owns it (it they are making payments and fall behind) and only the bank can take the house (start the foreclosure process) due to unpaid mortgage payments. The Homestead law is what prevents regular people from putting a lien on someones home. The only exception is a contractor is able to put a lien on a home for unpaid work that has been done. They can't take you home, but you can't sell your home until it is paid off. You best best is to meet with a lawyer and take this person to small claims court. However, if you don't have documentation on this loan it will be hard to win it (or make him pay, even if you do, as the court system can't put a lien on his home or vehicle either) Good Luck!

Answer 6

You can get a judgment against him that would have to be satisfied when and if he ebver sells the property ... but unless this was a private mortgage, your loan was unsecured.  That means you have no claim to or on his property.

Taking him to court, getting a judgment and then a wage or income execution would probably be a lot simpler.