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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12209
Experience:  JD, MBA
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I am a partial owner of a condo in Northridge by way of a

Customer Question

I am a partial owner of a condo in Northridge by way of a document signed by the present owner there are problems arising from the children and I want to ensure that my interest will be honored sat the time of sale of the condo.
can I file lein against the home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

However, I'm not sure that I fully understand the situation. Is the condo deeded to you? What trouble are children giving you? Any additional facts will be appreciated. Please remember that I only know what you tell me.

Thank you.

Customer: replied 1 year ago.
I am listed by the present owner to receive $50,000,00 from the sale of the condo. We are friends and I have been taking care of her since I came back to the USA from Samos, Greece, I resided there for 34 years while I was married to a
Greek. I was born and raised in Salt Lake City, Utah and am a USA resident. She was my neighbor while we resided in Samos, she would spend six months of the year in Samos as my next door neighbor. I have an agreement that states if and when I vacate the home I will receive the 50.000,00 from her or her trust. Issue with her grandchildren is children question reason why she would give me this amount as I am not a blood relative nor own any part of the condo in question.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If I understand you correctly, you are not a partial owner of the condo. However, your friend signed a document which states that you are to receive $50,000 from the sale of the condo. You are wondering whether you can file a lien on the property.

I'm sorry to say that the answer is no, you cannot file a lien on the property. Liens are only granted in certain specific situations, such as if the owner expressly grants you a lien, or if you obtain a money judgment against the owner.

Based on what you wrote, your friend did not expressly grant you a lien. Accordingly, a court would assume that your friend did not want you to have a lien. Having said that, if the agreement is an enforceable contract, and the $50,000 is not paid when it's supposed to be paid, then you can sue your friend (or her estate if she is dead) and try to get a money judgment for $50,000. If you win, then the judgment would become a lien on your friend's real estate (if she has any at that point).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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