Legal Question in Credit and Debt Law in Arkansas

Filing a lien

My father and I bought property. At time of purchase it was deeded in his name. Along with the money invested in the peoperty, he has also used credit cards in my name and has refused to pay the bills. Now, without my knowledge, he has put the property up for sale. when i confronted him about this, he has promised me I would be compesated for all money he owes me, but I do not trust him. I would like to file a lein on the property to secure my interests. How can I do this?


Asked on 3/25/03, 11:36 pm

3 Answers from Attorneys

Tim Wishart McMahons National lawyers

Re: Filing a lien

If your father purchased the property using your money (the credit card account) AND you repaid the amounts to the credit provider, it can be argued that he holds the percentage of the property represented by the amount paid using your credit cards plus the relevant interest as trustee for you.

You probably have grounds to lodge a caveat against the property claiming an interest as beneficiary under a constructive trust.

You would be well advised to consult a solicitor to do this. In most jurisdictions, you need to commence proceedings in a court to keep the caveat in place.

A well worded threat to you father may be sufficient for him to acknowledge your interest in the property and persuade him to consent to a caveat being lodged.

This can all be messy and moderately expensive and you should take further professional advice.

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Answered on 3/26/03, 12:51 am
Richard Orintas Orintas Law Firm

Re: Filing a lien

Call 501-225-1665 to discuss this issue....

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Answered on 3/26/03, 6:49 am
Herb Southern The Southern Law Firm

Re: Filing a lien

I agree with Tim. It is a complicated issue. You need to file a Court case and also a "lis pendens" notice to prevent a sale from taking place. If you are in NW Arkansas, give me a call at 1-888-260-1800. Otherwise, look for an Attorney who regularly deals with constructive trusts (not to be confused with trusts in general), and property issues.

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Answered on 3/26/03, 10:07 am


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