Legal Question in Real Estate Law in California
Lein
Ccn i file a lien against a person if they don't own property .I loan money to people for a property .they default on their loan and lost the property .How can I get my investmentvback .now or in ther future if they buy an other house.
1 Answer from Attorneys
Re: Lein
Offhand, I can think of only two situations where are ordinary citizen can file or record something showing that he has an involuntary lien on another person's property. The first situation is that a workman, supplier of materials or equipment on a real-property improvement project may be entitled to file and enforce a mechanic's lien. The other is that a repair shop or the like can claim and enforce a lien on personal property that is in its possession when money is owed for work on that property. There are a few other specialized cases as well, such as transportation companies having a lien on goods in their possession for freight charges, and warehouses having a lien for storage. Many of these liens also require the party claiming the lien to be properly licensed.
Voluntary liens happen all the time, such as when someone mortgages real property or finances the purchase of goods.
In your situation, in order to obtain a lien of the kind and for the purpose you have in mind, you will have to sue the debtor and get a judgment for money. Then, you can record an abstract of judgment in any county where the judgment debtor is likely, now or in the future, to own real property.