Legal Question in Real Estate Law in Maryland
If I make house payments can I put a lein on son's house?
Can I put a lein on my son's house? He is in the middle of a devorce and his wife refused to put the house up for sale. My son has borrowed money from me. They are going to forclose and give him bad credit. If I make the house payments can I put a lein on their house. She quit her 40,000.job and he makes 12.00 a hour. After his truck payment and child support of 350. and his charge of 7,000. to make the house payments from Sept. he doesn't have much left. Oh and his lawyer fee Thanks
2 Answers from Attorneys
Re: If I make house payments can I put a lein on son's house?
You won't be able to put a lien on the house that will prevent foreclosure of the first mortgage if your son is in default on his payments. If the house is in both your son's and his wife's names, as your question suggests, you can only record a second mortgage (also known as a deed of trust) to protect your interest if both of them sign it. You would then be a second secured creditor behind the lender holding the first trust. The mere fact that you loaned your son money does not entitle you to a lien on the house.
Re: If I make house payments can I put a lein on son's house?
You can place a lien on your son's house for any unsatisfied debt. Since real estate is involved, you would be better served by having the loan to you son put into writing. Recordation would be required in order for you to preserve your creditor position.
You may not be best advised to take action as you indicate. Other options may exist beside the one you contemplate especially where the house is going to foreclosure.
A prevalent problem with divorce and child custody matters is persistent legal involvement.
Joe Holthaus
(410) 799-9002
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