Legal Question in Real Estate Law in Ohio

assigning a lien

If someone owes me a considerable amout of money and they just bought a home, can I put a lien against the property so when it is sold, I will get paid?


Asked on 3/24/08, 7:49 pm

3 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: assigning a lien

No. You have to get a judgment first. Only mechanic's liens can be placed against the home..

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Answered on 3/24/08, 8:23 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: assigning a lien

You must have a judgment first. However, your lien would be inferior to any prior lien on the home (like a mortgage).

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Answered on 3/24/08, 8:29 pm
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: assigning a lien

Dear Reader:

Thank you for your Email inquiry. The recommended remedy is based upon your written agreement. Is there a Promissory Note or cognovit note, signed by the recipient of the loan? If not, what writing or contractual agreement do you have to memorialize your agreement and loan, including the specific terms, interest rate, date repayment is due, etc.???

Please provide that information and I, or any experienced Attorney, should be able to recommend a remedy under controlling law.

If there is no writing, only a mere handshake agreement, good luck! Your agreement isn't worth the paper it's not written on, and you;'ll have a difficult time of asserting your legal rights to recover. Consult an experienced Attorney ASAP.

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 3/25/08, 12:12 pm


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