Legal Question in Real Estate Law in California

Re: property lien

The only way you can put a lien on someone's property is if you have a court judgment.

Re: property lien

The general rule is that placing an involutary lien on someone else's property first requires a court judgment. A couple of noted exceptions include governmental tax liens and a mechanic's lien by a contractor who did work on the property. You haven't described any facts that would indicated that you qualify for any exceptions to the general rule.

Re: property lien

If the real property is in Idaho, very likely Idaho law will apply.

If California law did apply, there may be three other possibilities to tie up the property. They require filing a lawsuit first. #1. If circumstances warrant, you might be able to get a TRO or preliminary injunction preventing the sale or liening of the property. #2. If the complaint places right to own or possess the property at issue, you might properly file and record a "lis pendens" against it, with the effect of making it unmarketable until the dispute is resolved. #3. You could petition the court for a pre-judgment writ of attachment.

Have a lawyer determine applicable law - Idaho or California -- before filing any legal actions.

Re: property lien

I should add that you not only need to determine applicable law, you also need to determine proper jurisdiction for your dispute -- Idaho or California. Controlling law and jurisdiction are usually one and the same, but not always.