Can anyone go into the county and record a lien on someone elses property? What is the procedure they have to go thru to see that it is not fake?
Depends on what kind of lien you’re talking about.
One can file a mechanics lien but the penalties are severe for filing a false lien.
A mortgage is a lien, but it has to be signed by the owner and notarized in order to be recorded.
What kind of lien are you talking about?
i am selling a lot, and it was under contract. the time expired, and after the time the buyer writes that he wants to buy the lot and will file a lien if i do not sell it to him. can he do that?
@Jacob G. If what you say is true, no, he can not file a Valid lien.
And by him filing a “lien”, what he means is....he could file an affidavit which states he Currently has a valid contract to purchase the property....this Could cause a problem for you when you go to close with another buyer, as it would show up on a title report. It’s not really a “lien” but a type of “interest”.
This a strategy, and sometimes an extortion type game, where they try to prevent you from selling to someone else.....it’s Proper use is to protect them when they Do have a valid contract on the property.
Clarification needed: did You refuse to close the sale or did the buyer fail to close on time? Was there anything else that occurred during the contract...another discovered lien, title issue, etc. ?
If He failed to close on time, he has no legal basis to file the affidavit or memorandum of contract. Let him know you know this, and you will absolutely use him for damages if he does.
If you want to get more specific in private, you can message me.
I have a feeling there is more to the story.