How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J.Hazelbaker Your Own Question
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
Type Your Legal Question Here...
J.Hazelbaker is online now
A new question is answered every 9 seconds

I have a notarized IOU from a friend I loaned money to. He

This answer was rated:

I have a notarized IOU from a friend I loaned money to. He committed suicide last month and I have no way of collecting the money, except from his house that is going into foreclosure because it is not paid in full. Can I put a lien against the property, or is there any way I can apply my IOU? There should be some equity on the sale of the house.
You would need to get a court judgment before filing a lien on property.

However, if there is equity, those funds would go to the estate. You should file a claim against the estate to be paid out during the probate process.

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. I will be available for follow-up questions should you have them after you click "Accept". Thank you.

Customer: replied 8 years ago.
<p>additional info: the person who owes me has no Will, however, the ex-wife never removed her name from the house mortgage, so legally, she is responsible for the balance of the mortgage. On the divorce decree, she was paid her share on the equity of the house already. </p><p>How do I get a court judgment?</p>
You would have to file suit against the person's estate (E.g. "the estate of [name]") in small claims court.

It doesn't matter that he didn't have a will. The estate is still responsible for paying his obligations, which includes the debt owed to you.
J.Hazelbaker and 10 other Legal Specialists are ready to help you