How do you place a lien on someone's home?

Answer 1

First, you have to have performed professional improvments to the home. It generally can't be for amateur work, it has to be contractors only. Next there is usually a time limit, and if that time limit has expired, it's too late. Last, you fill out a form and record it with the county recorders office... At least that's the process in most states. If you are a lender, the homeowner/borrow would need to sign a promissory note and sign a deed of trust or mortgage against the property. If someone owes you money and fails to pay, you need to obtain a judgment by suing them in court. Once you have a judgment, you can get a judgment lien from the court and record it to create a lien on any real property in the judgment debtor's name. Sometimes this is called an abstract of judgment. They file appropriate papers with the deed in the county courthouse. I believe that all jurisdictions require that the property owner be notified of the lien. *The only type of lien that can be placed against property without a court judgment is a Mechanic's Lien. A Mechanic's Lien can be filed by a contractor, subcontractor, building materials supplier, laborer, etc. that has done repairs of improvement on the property for which the lien is being sought. The lien is placed against the property by the petitioner filing out the required forms and supplying the necessary documents to prove the claim valid, in the office of the county clerk or the county recorder's office in the state and county where the property is located. File a lawsuit in the appropriate state court. If the plaintiff wins the case, a judgment is entered against the debtor/defendant and in most instances a judgment can be executed as a lien against real property owned by the debtor. A Mechanic's Lien is filed at the office of the County Recorder using filing procedure as required by state law in the county in which the property is located.