How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33730
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have a question about a loan of 10,000.00. I lent my

Customer Question

I have a question about a loan of 10,000.00. I lent my daughter's boyfriend the money as a down payment on a house they share-- he was suppose to put her on the deed-- he never put her on it. This was 3 years ago. If I had him sign a promissory note now (it's been over 3 years) -- will I be able to put a lein on the property?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 21 days ago.
Category: Legal
Expert:  Barrister replied 21 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If I had him sign a promissory note now (it's been over 3 years) -- will I be able to put a lein on the property?

.

No, the promissory note would just mean that he agrees to repay you $XXXX. It would have to accompany a mortgage or deed of trust in order to create a lien on the property.

.

And for what it is worth, if there was nothing in writing about repaying the loan, then the statute of limitations on enforcing it is only 2 years in CA. See CA Civil Code 339

.

.

thanks

Barrister