You need to sue the debtor in court and win. If you prevail in your suit you can request a judgment lien. The lien can be recorded in the land records if the debtor owns real property. The property cannot be refinanced or sold until the lien is paid. Generally, personal property can be seized by the sheriff to satisfy your lien.
You will need to take the person to court. Once you have a judgment in your favor you can then file a lien with the courts.
You must file a notice of lien with the Probate Court against the assets of the deceased's estate.
Even though you file bankruptcy, you still have to honor the promissory note. If you are ordered to make installment payments then you will have to pay the promissory note in installments.
Real property can only be encumbered by a mortgage and not by a promissory note. A promissory note has no effect on real property it is only evidence of a loan. If the mortgagee acquires title to the mortgaged property the title merges and the mortgage is extinguished.
A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.
In an action on a promissory note, the promissory note itself is evidence. Give it to your attorney, who is filing the suit, because he will need all the relevant evidence to pursue the lawsuit.
You need legal advice that is particular to your state.First, there is a statute of limitations in your state that governs how long a promissory note is effective. If the note remains unpaid you can bring the matter to court and obtain a judgment if the terms of the note have been breached. If you obtain a judgment in your favor, you can ask the court for a judgment lien that can be recorded in the land records against the debtor's real estate. Once the lien has been recorded the property cannot be sold or refinanced until the debt is paid.It would be worthwhile to invest in a hour with an attorney who can review your situation and explain your options.
Unless you committed fraud, the answer under most circumstances, yes. If you pledged any collateral as security for the loan, the creditor's lien on the collateral would survive. The creditor would have 60 days after the meeting of creditors to file an action objecting to your discharge. If the creditor took no action, the debt on the promissory note would be discharged.
Your question answers itself. You cannot enforce a lien "against a promissory note...that does not have any collateral." Not knowing what the 3d person's connection to all this is, I can't say what effect that has on anything. The trustee, not the court, abandoned the note as not collectible. You think the trustee was wrong? Do you know something the trustee doesn't?
Absolutely. You signed a contract to pay for a loan of money. It doesn't matter whether you still have the property that was purchased with funds from the loan. The promissory note is a contract to pay and is enforceable in court.
A mechanic's lien is a lien to secure the payment of the contract price for labor and materials used in the improvement of real property. A caregiver would not fall into this category. If you are in agreement with the person that owes the money that the money needs to be paid, they just can't afford to do it at this time, you may consider using a promissory note and mortgage to agree to the amount due (note) and secure it (mortgage). There may be other means is your state, but a mechanic's lien is not one of them.
wording for promissory note with collateral