Legal Question in Civil Litigation in Maryland

Promissory Note and Lien on Property

Hello,

I have a ''former'' business acquaintant who owes me roughly 18,000.00 I have a promissory note which he had signed and notorized stating that he would pay me the money by 8/31/06. Since this guy is VERY unreliable and I believe has no fear of being sued, is there any way I can have a lien put against one of his properties he owns now just in case he does not pay in August or will I have to handle that as apart of sueing him. Its a shame that I have to ask this question now since August has not even arrived yet but this guy's history is not good. I look forward to hearing from you.


Asked on 4/30/06, 11:01 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Promissory Note and Lien on Property

You have to have either a mortgage or deed of trust to get a lien without suing. If the Promissory Note includes language allowing confession of judgment, you may be able to confess judgment now, depending on the language. Otherwise, you will have to wait until he defaults, and then sue and get a judgment, and then record the judgment as a lien (automatic with circuit court jugdment if property is in same county, or in district or circuit court of Baltimore City if property is in the city).

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Answered on 5/01/06, 7:10 am


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