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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23478
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I need to file a lien against my daughter and her husband who

Customer Question

I need to file a lien against my daughter and her husband who are getting ready to sell their house. I gave them $1000 to make payments on their mortgage on which they paid $500 back. I also took over their car payments at $391.50/month for 10 months for a total of $3,910.50. They cannot pay me back the total amount loaned to them, which is $4410.50,
as was agreed upon. They are in agreement with the my option to file a lien. Where do I begin?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.



Sorry for situation.

You don't have faith that your daughter will pay you the balance owed to you from the closing proceeds so you want to file the lien and incur the additional expenses for such?
Customer: replied 1 year ago.

That is correct. She wants to but is afraid the house may be taken before it is sold

Customer: replied 1 year ago.

I don't see faces or stars!!

Customer: replied 1 year ago.

Hello? Are you still there? My reply --That is correct. She wants to but is afraid the house may be taken before it is sold. Unfortunatelly they are looking at a divorce too. I don't see faces or stars below!!

Expert:  Law Pro replied 1 year ago.
OK, then they (both of them) will need to execute a "note" along with a property description like on their deed as to what they owe you and that is secured against their property.

That note needs to be filed at the County Recorders office.

Then note then is a lien against their property which must be paid off at the time of the closing and will show up when someone does a title search.


Then you will have a duty to file a satisfaction of the note after they pay you off at closing.

Here's a sample note that you can execute (making changes as to names).

The note needs to be executed before a notary public and then filed at the Recorder's office - the cost is about $50.00 to file such.

A sample Secured Promissory note

Date ————— Amount—————– Interest rate————- Due Date———

For the amount received, the undersigned promises to pay to the order of______________(creditor)____________ the sum of ($____________) Dollars, together with interest at the rate of____% on the unpaid balance. The terms of the promissory note will be valid till (date of creating the note) to (ending date of the note or due date).

This promissory note is secured by an additional agreement that is confirmed by the parties and a conformed copy of the secured agreement is attached to this note and is received by the undersigned. The borrower will be considered as a defaulter if the borrower unable to pay off the amount within 30 days after the due date and the lender will then become a legal owner of the collateral.

The note is created according to the laws of the state and both the parties agree on the terms of the note.

Borrower’s name and signature ——————–

Witness name and signature —————-

Lender’s name and signature —————

Witness name and signature —————-

Guidelines of creating a secured promissory note

A secured promissory note is like a simple promissory note that is usually written in a way “I (name of the borrower) is agreeing to pay a sum of (amount in dollars) to (name of the lender) on this (day), (date) and year. At the end of the note there are spaces for signatures of both parties along with their permanent address and a signature of a witness in some cases.
For securing a promissory note, you have to write an additional agreement but before creating a securing agreement.

Here's the other document:

A Sample Mortgage Note

Mortgage Note

$ _________________ Date: ______________

State and City including ZIP Code

For the amount received, the undersigned ______________ (Borrower’s name) residence of _________________ promises to pay to the order ________________ (Lender’s name) residence of _________________________ the principal sum of $______________ together with the interest rate of the _____________% per annum until the entire loan amount is paid in ____________ equal installments starting from the ___________ (date) of the __________ (month) to the __________ (date) of ___________ (month).

This note together with the interest rate is secured by a mortgage on real estate, of even date herewith, made by the borrower hereof in favor of the lender.

Terms of the Mortgage note

Signature of the borrower Signature of the lender

Witness
Expert:  Law Pro replied 1 year ago.
You can't file a mechanic's lien because you didn't provide construction services or supplies for the property - but loaned them monies.

So the only way to file a lien is to file a mortgage note against the property.


Another way is for them to sign a confession of judgment - you go file the confession of judgment as a judgment at the Prothonotary's.

All judgments in PA act as liens against real property.

Any money judgment may be enforced by writ of execution against the personal property of a judgment debtor within 20 years after the entry of the judgment (42 Pa.C.S. § 5529.) and may become a lien on the real property of a judgment debtor in any county upon the entry into the record of the office of the Clerk of the Court of Common Pleas in the county where the property is situated. (42 Pa.C.S. § 4303.)

Here is a link to a sample confession of judgment note:


http://www.fullertonlaw.com/docs/appendices/16-confessed_judgement_promissory_note.pdf
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23478
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Law Pro and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok. If I signout now and later need more information, will I also have to pay an additional fee?

Expert:  Law Pro replied 1 year ago.
No, you can continue on with me. I practice in PA - metro Pgh. area.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 12 months ago.

One more thing (thus far), do I need to have a "Terms of the Mortgage note" when I file the Secured Promissory Note with the court?

Expert:  Law Pro replied 12 months ago.
There are special procedural requirements that must be followed when enforcing a confession of judgment clause. The most common method of enforcing a confession of judgment clause is to file a complaint in confession of judgment. Generally, the complaint in confession of judgment must include: 1) the names and addresses of the parties; 2) the original or a reproduction of the instrument showing the defendant’s signature; 3) a statement regarding any assignment of the instrument; 4) a statement that judgment has not been entered in any other jurisdiction; 5) an averment of default or condition precedent, if required by the instrument before the entry of judgment; 6) an itemized computation of the amount due based on matters outside the instrument, including interest and attorneys fees if authorized; 7) a demand for judgment as authorized by the instrument; and 8) signature and verification as required by the rules of civil procedure. It is this filing that instructs the Prothonotary to enter judgment in the amount stated and against the named defendant.

I will be sending you a few pages.
Expert:  Law Pro replied 12 months ago.
1st document:

Praecipe for Entry of Confessed Judgment for Money
(Caption)
To the Prothonotary:
Enter judgment in favor of the plaintiff and against the defendant by confession on the attached judgment note (or other instrument containing warrant to confess) with provisions for costs of suit, (or release of errors, waiver of exemption, etc.) and without stay of execution (or otherwise, as the particular warrant reads). Assess plaintiff's damages as follows:


Amount of note (or penal sum): $______




Interest from _________, 20____: $______




Principal Payments: (to be credited against total) $______




Interest Payments: (to be credited against total) $______




Total amount due: $______


Attorney for Plaintiff
AND NOW, _________, 20____, judgment is entered in favor of the plaintiff and against the defendant, and damages are assessed as above, in the sum of $______.

Prothonotary
2nd document:

Complaint for Confession of Judgment for Money-Installment Note
(Caption)
COMPLAINT
Plaintiff files this complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following:
1. (Identify plaintiff.)
2. Defendant, _________, is an individual who resides at (whose last known address is) _________.
3. Attached as Exhibit "A" is the original instrument authorizing confession duly executed by defendant.
(or)
3. Attached as Exhibit "A" is a true and correct copy of the original instrument authorizing confession duly executed by defendant.
4. The attached instrument has not been assigned.
(or)
4. On or about _________, 19____, the attached instrument was assigned to plaintiff by _________, the original payee. A copy of the assignment is attached as Exhibit "B."
5. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession.
(or)
5. Judgment was entered on other portions of debt arising under the attached instrument in the Court of Common Pleas of _________ County, _________ Term, No. _________, on _________, 19____.
6. Default was made by the defendant in the payment of the installment of $______, due on _________, 19____, and in the payment of all subsequent installments, whereby under the instrument the entire sum is in default and immediately payable.
(or)
6. Contrary to the terms and provisions of the written instrument, defendant failed to _________ (describe acts of default), all of which constitutes a default under the instrument, and plaintiff exercises his option to declare the entire balance of the instrument immediately due and payable.
7. Consequently, the defendant is liable to plaintiff as follows:


Unpaid balance of instrument $______




Interest from _________, 19____ $______




Attorney's collection fee (____%) $______




Total: $______

WHEREFORE, plaintiff demands judgment in the sum of $______ as authorized by the warrant of attorney appearing in the attached instrument.

Attorney for Plaintiff
(Verification)

3rd document:

Installment Note

 

$

, 20___


FOR VALUE RECEIVED, the undersigned promise(s) to pay to

the principal sum of

DOLLARS ($ )

and interest from on the balance of principal remaining from time to

time unpaid at the rate of per cent per annum, such principal sum and

interest to be payable in installments as follows:

DOLLARS ($ ) on the day of , 20 ,

and DOLLARS ($ )

on the day of each and every month thereafter until this Note is fully paid, except that the

final payment of principal and interest, if not sooner paid, shall be due on the day of

, 20 . All such payments on account of the indebtedness evidenced by this

Note shall be applied first to accrued and unpaid interest on the unpaid principal balance and the

remainder to principal.

Payments are to be made at

, or at such other place as the legal holder of this Note may from time

to time in writing appoint.

And to secure the payment of said amount, the undersigned hereby authorizes, irrevocably,

any attorney of any Court of Record to appear for the undersigned in such Court, in term time or

vacation, at any time after maturity, and confess a judgment, without process, in favor of the holder

of this Note, for such amount as may appear to be unpaid thereon, together with reasonable costs

of collection, including reasonable attorney’s fees and to waive and release all errors which may

intervene in any such proceedings, and consent to immediate execution upon such judgment,

hereby ratifying and confirming all that said attorney may do by virtue hereof.

At the option of the legal holder hereof and without notice, the principal sum remaining

unpaid hereon, together with accrued interest thereon, shall become at once due and payable at

the place of payment aforesaid in case default shall occur in the payment, when due, of any

installment of principal or interest in accordance with the terms hereof.

All parties hereto severally waive presentment for payment, notice of dishonor, protest and

notice of protest.



(signed)




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