Has anyone ever been successful at putting a lien on a persons property that owes you money.?
He is a multi millionaire and owes me for a hay lease. I have all the paper work as proof. He has at least 4 farms that I know of. From what I understand he cannot sell or get a mortgage until the lien is paid off. This is in B.C. Thanks
Public Comments
- thought you had to get a court judgment first ... which requires suing, doesn't it?
- Yes, and its one of only a few ways to encumber real property. But its normally done in the course of building the house or improvements to the property. There are other liens you could file, like against his hay operation, that would be more direct and a court would be less likely to balk at it. if he were to suddently declar bankruptcy, the First mortage (if any) and the Lien would be honored first. any second mortgages or equity lines of credit would be paid off after the lien. wer
- Best way is too get a judgment before placing a lien. He would still be able to sell the properties if he wanted. He would be required to either refute of pay any existing liens. He can refute the lien in court. If the lien were to cost him a sale and he won in court (your lien is thrown out) you could be liable his loss of sale. If you have the proof, sue him, get the judgment and place the lien on his properties. A judgment would also allow you to garnish his wages to recoup your loss. Your state law may allow for Mechanic's/ Vendor's Liens without the need to file a suit(you would fall under the Vender category). Calls to title/escrow professionals, the county recording office, or the farmers home office should be able to help you narrow down your options, Do your research - don't let him take you on the lease and then beat you in court and cost you more money for a lien which was improperly filed. Good luck Edit: Not all liens move to first position.
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