Legal Question in Civil Litigation in California
Lean on a house in ESCROW
Hellow,
A gentleman owes me $5,000 from a personal loan from last October.
His house is in escrow and will close by 10/15.
I ahve a note from him and like to put a lean on his house @ escrow company.
How can I do it.
Asked on 10/03/08, 6:54 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Lean on a house in ESCROW
You don't. Sue him if you want, try to get a judgment and hope to collect then.
Answered on 10/06/08, 7:07 pm
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Lean on a house in ESCROW
Unless the debtor voluntarily gives you a lien, you will need to go to court and get a judgment. After that, you can file a judgment lien called an abstract of judgment. However, you probably don't have enough time before the close of escrow to get a judgment lien in place. You might try asking the debtor to voluntarily pay you from the escrow proceeds.
Answered on 10/03/08, 7:11 pm