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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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To Law Educator, Esq, Thanks helpful answers! I have a deed

Customer Question

To Law Educator , Esq , Thanks for your helpful answers ! I have a deed agreement that states i have interest in 50% of the equity from a loan 15 years ago . How ever the agreement is with my sister and we over looked to enjoin me on the deed at recorders
. She is going to list the property for sale soon . Can i put a lien or do i have to file a complaint with a lees-pen dens ? Am i pronouncing less-pen dens properly ? Agreement is witnessed and notary .
Submitted: 1 year ago.
Category: Legal
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.
If you have a contract granting you interest in the property, then you have a right to file a lien on the property based on your written contract, which is an enforceable contract. You need to file it as a lien, not a lis pendens if there is no lawsuit being filed on the property, since you do have a signed contract agreement with an interest in the property.
Customer: replied 1 year ago.
Morning , would I have to use a Delaware court ( superior , chancery or court of common please ect...?) If it is one of them would I file it as petition or a motion
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if this is in DE, you would need to use a Delaware court. It would get filed as a motion if probate is open in the probate court, if not it is filed as a petition or new complaint against the estate for payment.