I cosigned on a student loan for someone. That person has stopped paying. Can I put a lien on his property?
115348
Co-signing a loan makes you liable on that loan which means the bank can come after you.\n\nBefore completing the loan, you should have received something called a NOTICE TO COSIGNER which explains your rights.  Hopefully, you kept this document.\n\nYou may be able to put a lien on his property only if the bank comes after you for the money.  Have they?\n\nIf so, you can go to court and try to get a judgment after the borrower of the student loan. If you're successful, you can put a lien on real estate he owns.  You could not, for example, put a lien on his car.\n\nI don't know why you would want to do this because you won't get a penny unless your friend sell his property.\n\nYou're better off with garnishing his wages.  But you still need to go to court and get a judgment in your favor.
651560
Time to talk to a real estate lawyer.  Many charge a small fee ($50-100) for an initial consult and often that's all you'll need.\n\nMechanic's lien is only if you are a contractor and have done work on the property.\n\nIf the deed is not in your name, you are no longer responsible for the taxes.\n\nHOWEVER, if you carried back the mortgage for the new owner, you COULD lose your property because of unpaid tax bills.  You need to talk to a lawyer and start eviction proceedings (if this is the case).\n\nyour best bet - talk to a real estate attorney.
977057
You probably have no case at all.  One of the contractual agreements that you both signed is for delivery of a clear title.  Since he can't deliver that at present, the agreement should be null and void.\n\nIf he reasonably believed that he had title when he offered the house for sale you probably have no recourse.\n\nEven if you do have a case, you're limited to actual damages in most cases unless outright fraud was involved.\n\nAs always, check with a local attorney who specializes in real estate law for advice specific to your situation.  (And next time, get an attorney up front.)
774884
Not unless you are applying for a joint loan or are a co-signer.
927122
Contract liens are totally legal and are probably a part of the generic lease your friend signed. The landlord has the right to remove enough property to cover the amount owed.  But that is based on the fair market resale value, not the replacement value. If your friend's TV cost $600 when he bought it 5 years ago, it's not worth $600 now; fair market value would be less than $100.  It takes a LOT of personal property to equal $2000 resale value.  The good news is if your friend pays what he owes, he can have his stuff back.
742256
You were supposed to have him sign off of the lien when you paid him "release of lien form".  If you paid him by check, cancel the check and get your money back - that will get his attention, and then do it right, paying with release of lien.\n\nIf he says he's done, create a list of uncompleted work, and submit it to him via registered mail, and threaten to sue him.
193075
If your name is not on the deed then it can be sold without your permission but if you can prove you have made repairs and not been paid, then you should be able to place a lien against the property to prevent the sale until you are paid.
1093780
If you still have a loan on the house then they are the first lienholder and they can.  If it is paid for and the home is you primary residence and it is classified as your homestead, then they may not be able to do that.  The laws on homesteads vary from state to state.  If it is rental property, which is considered commercial property, then they can.
356245
It may depend on your state, but I don't know that you can put a lien.\n\nYou need to go to court.  Let them help you enforce the arrearage owed.  They may be able to require the liquidation of assets, depending on the amount owed.  \n\nOther likely outcomes would be a garnishment of wages and tax refunds.  If the person owns real property, I am assuming they have a traceable job.\n\nBut even if your state allows a property lien, you will need the help of the court to enforce the order and collect on the arrears if they are not voluntarily being paid.
134200
Did you make up a contract where You and the person signed together?  (Also if you had a witness that signed the contract, it makes it much stronger in a court of law)\n\nIf a contact was made up before you loaned the money the date of expiration on it, then all you have to do is contact a small claims court for under $2000 and settle your dispute there.  You will need to add money to the loan to cover the court fees but that is allowed.  \n\nIf no documention was made for the loan, then it is very difficult to get the money back, but you could still threaten to bring the person to court, or to break their legs :)
947986
Do you have any documentation of the loan?  Was there an agreed timetable for repayment?  If you have a promisory note or an IOU, then you can try to put a lean on his houses and cars.\n\nHowever that will definitely kill the friendship. If you value your friendship, just explain that you really need the money and if he could just pay a portion of it each month ($500 minimum and $1000 maximum/ per month)  then you will be happy.  If your friend begins to slack off, gently remind him that you did him a huge favor and he should pay you back.  Be understanding if there is an emergency that disrupts the payment schedule.
783615
Depending on the amount, small claims court would probably be the best, especially if you have the agreement in writing.  Keep a good record of payments received (dates and amounts); this will show that he has violated the loan repayment.  Also, maybe send a letter stating that he is in violation and that legal action may be taken against him if he does not start a faithful repayment plan.
1136030
Yankee has it right.  Regardless of who is on title, the original Trustors (the people who took out the loan) will remain the same and will still be liable for the loan.\n\nYou can, however, as a long shot, ask the bank to do a modification of the Deed of Trust and take you're ex's name off.  It's rare they'll do that though.  They'd rather make money on having you refi.
65268
Did you record the lien against the property in the county recorder's office where the property resides?\n\nWas there joint tenancy?  If there was JT, the property can possibly pass to the surviving joint tenant(s) without having to go through probate court or triggering a 'sale' or 'transfer' provision that might have uncovered your lien.\n\nWas the estate set aside/low value?  Most states have a low estate value provision that allows for a probate 'lite' proceeding where the assets, debts and liens and heirs are listed an approved by the court.\n\nNext, you have to look at the purpose of a lien. It is the right to take someone else’s property if an obligation is not discharged. It gives the lien holder (creditor) an interest in the property until the property owner’s debt to the creditor is satisfied or otherwise released.  Consult your state's property laws for specifics.\n\nGenerally, if you recorded a lien against the real property of the decendent, title to the real property is thus encumbered and cannot be transferred without notifying the lien holder, who is then given an opportunity to file a claim. Generally, a lien only preserves your legal right to make a claim in the future.\n\nNow, let's pile on your state's probate laws.  Probate laws vary significantly from state to state.  Generally, there is atleast a requirement to publish a public notice calling for claims against the estate.  Of the claims receieved, the administrator either approved or denies the claims.  Approved claims can be paid from proceeds of the estate.  If the claim is denied, the creditor must sue the estate to get paid.\n\nThese are all generalities of what happens, but may or may not be true for your state.  Lien law and probate law are very complex areas and together they make a fine mess.\n\nIf it is a significant amount of money, you may want to consult an attorney.
548294
Talk to the bank that did the loan. Maybe they can add your spouse on the paperwork. Hope this helps.
283679
Smartest thing to do is make a contract/statement up stating person has lived there so n so months "rent free" (your choice or not?)and has no job wanted to do your best to help said person on their feet, all has failed, now are giving the person X ammount of days to get out,or contribute. Have that person sign it, with your signature as well. wouldnt hurt to give that person a copy as well you keep the original! \nFor future references its best to have "Everything in WRITING" And keep as many expense reciepts as well.
821865
Danny, have you talked to your trustee about this. If they were to be making the payments, if I were you I would be asking where did the money go to. I would contact a lawyer. I would think you would have some kind of re-course. Good luck to you.