Legal Question in Real Estate Law in California

Re: involuntary lein on property

You must first obtain a judgment. Call me directly at (619) 222-3504.

Re: involuntary lein on property

With just a promissiory note and not a deed of trust, you cannot generally file a lien or abstract of judgment against the property. There are exceptions for mechanic liens, association liens, etc. If you amount is under $5,000, you should file in small claims court and then file an abstract of judgment once you win the case. Please call me if you have any other questions.

Re: involuntary lein on property

You cannot file a lien based upon non-payment of just any old promissory note.

If the note were secured by a deed of trust in recordable form, you could record them; this would create a lien. If you were entitled to a mechanic's lien, that might provide another avenue.

Otherwise, I think you're stuck with going to court. Once a suit is filed, you might be able to get a provisional remedy (prior to trial and judgment) attaching the house, but ordinarily one cannot place a lien on real property to enforce a general indebtedness without first obtaining a judgment.

This policy of law is necessary as a due-process right of all citizens. If people could place liens on each other's property without benefit of trial, there would be chaos.

Re: involuntary lein on property

You can't. You will need to sue him.

Re: involuntary lein on property

You're out of luck unless the promissory note is specifically secured by the piece of real estate. Otherwise, you need to sue on the promissory note, get a judgment, and file an abstact of judgment with the county recorder. Then you'll have a lien. This is a relatively simple and inexpensive process, assuming there is no defense to the case. How much is the promissory note? Give us a call. We do this all the time.