Legal Question in Real Estate Law in California

Re: lien on property

The power to create liens on someone else's property, real or personal, is quite limited. There are "mechanics' liens" for those who provide labor, materials or equipment for works of improvement on real property; this is a privilege created by the California constitution. There are voluntarily-created liens such as mortgages and deeds of trust. The government can file tax liens. Someone with a judgment can record an abstract of judgment, which creates a lien on the debtor's equity in real property in that county. Someone in possession of your personal property may have a repairman's possessory lien for payment of his charges. And so on.

However, there is no general power to place a lien on the property of another. If there were, can you imagine the mischief that would follow!

There are at least two ways you might be able to get timely relief in this kind of situation. Both involve filing a lawsuit.

The first and perhaps better method is to file suit for specific performance of your contract, and at the same time apply for a temporary restraining order (TRO) ordering the owner and/or party holding power of sale (trustee) not to sell pending resolution of your suit. The suit and TRO may alone be effective in getting your contract honored, without the necessity of trial.

The other way would be to file a similar suit and then record and file a lis pendens. This can be done by a lawyer without getting any court to make an order (as would a TRO), but requires careful appraisal of the facts and wouldn't be appropriate unless you had a strong case for ownership of the property based on an executory contract without unmet contingencies.

Both the TRO and the lis pendens (notice of pendency of action) would be as effective - or more so - in tying up the property while you litigate your contract. Both have technical requirements that go beyond what can be covered in a LawGuru answer and I can't be sure you are eligible for such relief based on your contract.