Legal Question in Real Estate Law in Arizona

Need lien for ''Breach of Res. Real Estate Purch. Contract''~2nd mort. of 20% n

When I sold my home to my brother his 1st mort. paid

80%... he had no cash and needed a 2nd for the 20%.

He never pd. me the 20% yet received a ''Deed of Trust''

as if he satisfied the purchase contract paying the full

amount of the sales price. He now says he is going to

sell the property and does not plan on ever paying me

the balance. I need to file a lien before he getss it listed

for sale. Correct..? Please advise me on what

direction might be in order for me... Thank you very

much..! Please email me at ([email protected])


Asked on 5/11/05, 9:48 pm

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: Need lien for ''Breach of Res. Real Estate Purch. Contract''~2nd mort. of 2

You should consult with a lawyer as soon as possible. You will need either your brother's consent or a court order to obtain a lien. If your brother refuses to sign a lien, then you will have to file a lawsuit for a constructive trust and possibly lis pendens to prevent sale of the property until the matter is determined. A constructive trust is a legal remedy to establish your interest in the property. A letter from your attorney explaining your rights and threatening this remedy may convince your brother to sign a lien.

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Answered on 5/16/05, 5:57 am


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