Legal Question in Real Estate Law in California

How to get my borrowed money back?

Hello,

I'd like to know if I loan money to someone, such as $1000, how to make sure that he pays me back. The person own a house. I heard that there is a form for lein that force the person pay the amount while he sell the house. How to find the right form? Is there anything I should do beside the form?

Appreciate your help!


Asked on 8/04/04, 1:52 pm

3 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: How to get my borrowed money back?

The form you are talking about is a deed of trust, which would require a promissory note and and the borrower's notorized signature. Then it would need to be recorded with the county in which the property is located.

If you have already loaned the money, they may not agree to do that. In that case, your only remedy would be to sue for the money ... probably in small claims court.

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Answered on 8/04/04, 2:06 pm
Scott Linden Scott H. Linden, Esq.

Re: How to get my borrowed money back?

You are referring to a Deed of Trust. These are filed witht the recorder as a lien against the property. When paid, the holder files the release of lien.

We can assist you with this or you may be able to find a basic form online.

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Answered on 8/04/04, 2:11 pm
Grant Puleo Procopio, Cory, Hargreaves & Savitch

Re: How to get my borrowed money back?

You will need a Promissory Note secured by a deed of trust. A title company can supply a form or you can get one from a real estate attorney.

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Answered on 8/04/04, 3:01 pm


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