Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Why hasn't sister made any of the payment?
Was there an agreement between the two of you to split the payments?
Would she sign a promissory Note for what you have paid on her behalf?
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).
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..
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.
So I can't file a lien unless I sue her for the payment. Is this correct ?
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..
Have a great evening!
You are very welcome. Happy to help any time.
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All the best to you and yours..