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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33707
Experience:  15 years real estate, Realtor. Landlord 26 years
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My sister and I inherited a total of 540 acres which carried

Customer Question

My sister and I inherited a total of 540 acres which carried a mortgage. The land is for sale but I have had to make the yearly mortgage payment. Can I file a Lien against the property to be sure I am repaid for her portion of the mortgage payment?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month 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.

Customer: replied 1 month ago.
Thank you
Expert:  Barrister replied 1 month ago.

Why hasn't sister made any of the payment?

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Was there an agreement between the two of you to split the payments?

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Would she sign a promissory Note for what you have paid on her behalf?

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thanks

Barrister

Customer: replied 1 month ago.
She didn't have the money to make her portion of the payment. There was a verbal agreement to pay her part when land sales but no witnesses. She will not sign anything hence my concern and wanting to file lien if possible.
Customer: replied 1 month ago.
Her part is approx. $48,000.00
Expert:  Barrister replied 1 month ago.

Ok, then if there was a verbal agreement, then it is entirely binding as long as there was an offer (i.e. Will you wait and get paid when the land sells?), an acceptance (i.e. OK, I will wait) and performance by at least one party (i.e. you paid the payments on her behalf).

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But if she won't sign a note or any written agreement to repay you our of the proceeds, you will have to sue her for breach of contract and get a judgment against her in court that can then be enforced against her share of the proceeds once the property sells..

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It is a shame that it might come to this since she agreed to repay you, but if she is not honoring her promise, you will have to take legal action to enforce it.

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thanks

Barrister

Customer: replied 1 month ago.
Very sad situation and I am willing to wait for land to sale to be paid back. So I can't file a lien unless I sue her for the payment. Is this correct ? I was hoping to just file lien for the amount and collect at closing when sold.
Expert:  Barrister replied 1 month ago.

So I can't file a lien unless I sue her for the payment. Is this correct ?

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Correct. Only if she signs a Note and mortgage could you file the lien otherwise.. If you could do that, then anytime someone is owed money, they would just file a lien on the debtor's property... You have to prove your case in court first and get a judgment before you can file a lien..

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Have a great evening!

Barrister

Customer: replied 1 month ago.
Thank you!
Expert:  Barrister replied 1 month ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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All the best to you and yours..

Barrister

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