Can I Put a Lien Against Their Real Estate to Collected Money Owed?

Can I Put a Lien Against Their Real Estate to Collected Money Owed?


Hi, my name is David Allen and I’m a partner
at Jaburg Wilk. I specialize in commercial litigation with
an emphasis on real estate litigation and also handle some transactional work. Q: If somebody owes me money, can I put a
lien against their real estate to make sure that I get paid? A: The short answer to that question is usually
no. If somebody owes you money you could sue them,
you could obtain a judgment, you can obtain what’s called a “judgment lien” and
once you get the judgment lien, you can have the court add that against their property
including the real estate. That way, when they go to sell their property,
or refinance their property, they’ll have to pay you. There is one exception to this however, when
you can record something before a judgment and that’s called a “notice of Lis Pendens.” Q: What is a notice of Lis Pendens? A: A notice of Lis Pendens is Latin for pending
action and a notice of Lis Pendens is recorded to tell the world or anyone that checks the
County Recorder’s Office that there is a lawsuit pending. The type of lawsuit that will allow you to
record a notice of Lis Pendens is typically something called “an action for a specific
performance” when you’re trying to force somebody to sell you the property. If it’s not that type of action, even though
it might involve real estate, or perhaps a claim for damages, you’re not allow to record
a notice of Lis Pendens and doing so would be wrong. Q: What can I do if somebody wrongfully records
a lien against my property? A: If somebody wrongfully records a lien against
your property, you can file a lawsuit for what’s called “quiet title” to ask to
have the court order that the lien be removed. If you’ve been damaged by the recording
of a lien against your property, you also could sue them for damages under something
called “slander of title.”

One thought on “Can I Put a Lien Against Their Real Estate to Collected Money Owed?

  1. You need to get rid of the back ground music !
    It makes it difficult to understand what the man is saying!

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