Legal Question in Real Estate Law in California
Real Estate Property Lien
We have a signed agreement between both parties and our attorneys for a payment of monies owed. The agreement date has far passed the deadline.
The agreement has to do with Real Property. Can we put a lien against the property to insure payment in the case of a sale of that property?
The agreement is regarding the same property that may be sold.
4 Answers from Attorneys
Re: Real Estate Property Lien
If the agreements provides for the sale or possession of the real property, then you can use a devise known as a 'lis pendens'. You have to file a lawsuit to use this device, but the lis pendens puts the world on notice that the property is subject to your lawsuit and anyone who takes it after you may lose it, depending on the outcome of the lawsuit.
Depending on your agreement (you didn't give many specifics), you may already have a lien (i.e. a deed of trust) or may have an agreement that can be converted into a judgment. See an attorney for more information.
Re: Real Estate Property Lien
I would need to review your documents, but you may be able to put a lis pendens on the property after initiating a suit. Usually better to move quick on these matters. You may contact me.
Re: Real Estate Property Lien
Unless a lien can be agreed upon voluntarily, a
lawsuit and lis pendens can be filed if the agreement relates to title or sale of real property. We will have to review the agreement to provide you with any further information. Our firm handles cases throughout California.
Re: Real Estate Property Lien
Does the agreement provide that the real property is security for the payments? If not, you need to get a judgment or a prejudgment attachment order first. If the agreement was signed by the parties during a lawsuit, you can likely file a motion to enforce the settlement agreement. It would take less than one month to get a judgment.
Let us know if you need help.