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Good morning. I am sorry to hear about what you are going through. In order to place a lien on a property, you must first get a judgment. If the judgment is not paid and satisfied, the lien could be placed to secure the judgment, so when the property is sold, you would get what you are entitled to. As such, you still need to proceed with the lawsuit and show and support that the money is owed and get a judgment. If she were to pass, you would then have to go after the estate, to pay you what you are owed.
I am not sure I understand what you have done so far. Can you clarify? Is there a lien on her property now?
If she fails to appear or even respond to the lawsuit, she will get defaulted and you will obtain a judgment. Of course, if she is ill and you know she is not able to respond, this may be viewed as bad faith and down the road, the judgment may be vacated, if it can be shown that her illness was known and the lawsuit was filed, knowing she could not respond. If you disclose this to the court, at some point, it could be on the record, so the Judges decision may stand, if someone tried to come back.
I think it is best that you retain counsel and have them represent you and your legal interest, so they can proceed in a way that is 1) in your best interest and 2) allows you the greatest chance at recovery. I say this because if you sue now and she passes, you will still have to go after the estate to get paid and the attorney will be better prepared to handle this.
Here is a link from the bar, that provides referrals.
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Yes, certainly. It is in your best interest to do so
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!