Legal Question in Real Estate Law in Ohio

Filing a lein on property

I was awarded a Judgment and it has been filed in common pleas court. I have never been payed any amount. The property that the Judgment Debtor is associated with is on the market for sale. Can I file a Lein on this property and do I need a Lawyer to do this? Should I do something else??


Asked on 1/26/07, 3:29 pm

2 Answers from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Filing a lein on property

Dear Lien Claimant:

IMMEDIATELY, or sooner, have an Attorney file (record) a Judgment Lien against the Debtor. Such lien will attach against all property of the debtor and will bar his/her/its transfer or sale because of the impediment of title such lien imposes. Essentially, you'll force the debtor to pay you. If that sale is cancelled, you may next force the foreclosure sale by the Sheriff, and you will be paid, or the property will be sold at public auction and you will be paid, along with other creditors, However, if you dally (wait) too long, other creditors may have already lined up before you, and you'll have to stand in line for payment out of whatever proceeds are available.

Moral of this advice is: Don't wait any longer!!! See an experienced real estate Attorney ASAP.

Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 1/27/07, 9:01 am
Robert Rosplock Rosplock & Perez

Re: Filing a lein on property

You are not required to have a lawyer, but it would assure your lien is properly filed.

You need a certificate of judgment for lien issued by the court granting the judgment. It then need to be filed with the clerk of the common pleas court where the property is located. If your judgment is over 5 years old, you will have to revive it first before you can get a lien.

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Answered on 1/26/07, 4:37 pm


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