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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35874
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am on a deed with three other individuals. Equity was

Customer Question

I am on a deed with three other individuals. Equity was taken out of the house, and I didn't receive any part of the equity. I want to place a lien on the property to stop the property from being sold without my knowledge.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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.

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If you are on the deed to the property, then it can't be entirely sold without you agreeing. The other people could only sell their percentage interests in the property to someone who would then be a co-owner with you. And it is unlikely that someone would want to buy into owning a home with someone that they don't know.

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In order to file a lien, you must first sue someone and get a judgment against them in court. You then record the judgment at the local land records office and it becomes a judgment lien on any real estate that is located in that county.

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So you can't just make up a lien and record it. You would have to have legal grounds to sue them and then get a judgment first.

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As long as you are on the deed, your position is secure and they can't borrow from a bank or other lender without your approval and signing off to pledge the property as collateral and they can't sell the entire property because they can't sell your portion.

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thanks

Barrister