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I loaned my son a great deal of money to purchase a building…

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I loaned my son a...
I loaned my son a great deal of money to purchase a building lot.
He and his wife started paying me back by paying off my condo, but stopped when they ran short of cash.
Being my son it was not documented.
He and his wife are getting divorced and it will be the divorce from hell.
He recognizes the debt, but of course she will not.
How do I place a lien on the property. They built a mansion on the lot so the loan is only about 20% of the home value.
Submitted: 2 years ago.Category: Real Estate Law
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1/27/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,335
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good evening. I certainly understand the situation and your concern. In order place a lien, you would need to first get a judgment. For that to happen, you would need to sue them and show/prove that there was a loan and they failed to repay it per the terms and conditions as agreed upon and they owe you the money. Then, if it is not paid, you can secure the judgment by placing the lien. You can not simply place the lien on it since you must first show you are entitled to it.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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