Legal Question in Credit and Debt Law in Illinois
repayment of a personal loan made to a friend
I have been loaning a friend money every month for the past two years. It has amounted to $60,000. She has a condominium that has a lot of equity in it. Can I put a lien on her condo for what is owed to me? There was no written loan agreement, it was verbal, but on each check I wrote the word ''Loan'' on the memo line.
Asked on 2/17/09, 6:49 pm
1 Answer from Attorneys
Thomas Moens
Moens Law Offices, Chartered
Re: repayment of a personal loan made to a friend
Sorry, you can't just "put a lien" on someone's property. You have two choices: Have her sign a mortgage, or get a judgment against her and record a memorandum of judgment. Keep in mind that you will be second in line to any other mortgages or other liens which may already be perfected.
Answered on 2/17/09, 8:52 pm