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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I have a signed and notarized loan document with my son and

Customer Question

I have a signed and notarized loan document with my son and his wife which they have been paying on for the last ten years with existing amount of $173,000 left on loan. They are going to get a divorce and I would like to put a lien on their property which is in Santa Clara county (CA). How do I go about doing this? I live in San Bernardino county. Your help will be greatly appreciated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am a real estate attorney and am happy to assist.

All you have to do is record your loan document with the registry of deeds in the county where the property is located. I would do this ASAP because until you do that, you do not get priority of your loan. So despite what you put in the language of the loan, if someone else records a mortgage before you do, they get seniority over yours.

Let me know if you have any questions about this.



Expert:  KimberlyLaw replied 1 year ago.

Hello, I just noticed that this question is still open.

I hope my answer was helpful. Please be sure to rank my answer so that I get credit for my work with you. A positive ranking in the top three would be appreciated.

Thanks and take care,