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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118689
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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How to file a judgement lein? I loaned my brother money to

Customer Question

How to file a judgement lein? I loaned my brother money to purchase a property and he made pymts until he became ill with cancer. He stopped his pymts and then started pymts then stopped again. Now deceased and his children will inherit but I'd like to place a lein to make sure I get remainder of debt owed to me. How do I go about this?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you filed suit against his estate for breach of contract?
Do you have a written loan contract with your brother and did he sign a security agreement for the property?
Customer: replied 1 year ago.
I haven't done anything yet as he died 4/1/2016. I only have a payment record of loan amount and payments he sent. I have
wire transfer to title company used. We only had verbal agreement.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In order to file a judgment lien you must have a judgment first. In order file any type of lien in this situation, since all you have is a verbal agreement, you would now have to file suit against the estate of your brother for breach of contract for defaulting on the loan. You have evidence of the loan in the form of the payment records and wire transfer records to show it was a loan and you would have to present that in court and get the court to award you a judgment and only then at that time can you file to place the judgment against his real estate as well as the other estate property.
Prior to filing suit you can file what is called a Notice of Lis Pendens against the property, which is merely notice to all third parties that there is some type of legal action on the property, but you still must file suit or the lis pendens will be vacated and removed.
I would suggest using a local attorney to file the suit against the estate as this is really not something that should be done pro se.