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J.Hazelbaker, Attorney
Category: Legal
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Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I have a notarized IOU from a friend I loaned money to. He

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I have a notarized IOU from a friend I loaned money to. He committed suicide last month and I have no way of collecting the money, except from his house that is going into foreclosure because it is not paid in full. Can I put a lien against the property, or is there any way I can apply my IOU? There should be some equity on the sale of the house.
You would need to get a court judgment before filing a lien on property.

However, if there is equity, those funds would go to the estate. You should file a claim against the estate to be paid out during the probate process.

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Customer: replied 7 years ago.
<p>additional info: the person who owes me has no Will, however, the ex-wife never removed her name from the house mortgage, so legally, she is responsible for the balance of the mortgage. On the divorce decree, she was paid her share on the equity of the house already. </p><p>How do I get a court judgment?</p>
You would have to file suit against the person's estate (E.g. "the estate of [name]") in small claims court.

It doesn't matter that he didn't have a will. The estate is still responsible for paying his obligations, which includes the debt owed to you.
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