Legal Question in Real Estate Law in Arizona
Lien on Corrupt Trustee's Personal Assets
The trustee of our family estate owes us approximately $30,000.00, and the matter is in the courts, moving very slowly. How can we file a lien on her real estate in AZ to protect our interests while the case crawls forward? Thank you.
2 Answers from Attorneys
Re: Lien on Corrupt Trustee's Personal Assets
Pre-judgment relief is rare. Your best route is to get your judgment as quickly as possible. In order to have a "lien" you usually have to get the judgment of the final award first, then record that judgment after it has been properly filed in Arizona to "domesticate" it in Arizona, since it is a judgment of another state.
If you have a right in your case to get a preliminary judgment to stop the transfer of assets you will need to speak with the attorney who is handling your case in Arkansas.
Good luck,
James D. Jenkins
Re: Lien on Corrupt Trustee's Personal Assets
you cannot file a lien against her real estate unless the law suit involves her interest in that real estate. If she took estate money and spent it on her real estate, then you could record a lis pendens, notifying the public that her title to that property is subject to your claims in the law suit.