Tax, Legal Issues, Contracts, Self-Directed IRA

User Stats

5
Posts
0
Votes

Can I have someone put a lien to prevent settlement

Posted Jun 10 2022, 04:51

I have a unique issue, my partner is selling my primary residence because I could not come with the money owed. I have someone who can put a lien on my house to give me some time. How do I do this?

Philadelphia, Pennsylvania

User Stats

590
Posts
335
Votes
Karl McGarvey
  • Real Estate Agent
  • Galveston, TX
335
Votes |
590
Posts
Karl McGarvey
  • Real Estate Agent
  • Galveston, TX
Replied Jun 10 2022, 06:01

This is done through the courts/lawyers and recording the lien through the county clerk. Thant being said, you cant just put a lien on a home because you want to. There will have to be some sort of debt causing the lien with a contract showing they are in higher lien position than your partner.

User Stats

5
Posts
0
Votes
Replied Jun 10 2022, 06:23

Thank you Karl. Will it delay settlement if its a mechanics lien?

User Stats

590
Posts
335
Votes
Karl McGarvey
  • Real Estate Agent
  • Galveston, TX
335
Votes |
590
Posts
Karl McGarvey
  • Real Estate Agent
  • Galveston, TX
Replied Jun 10 2022, 06:25
Quote from @Sheila Shenoy:

Thank you Karl. Will it delay settlement if its a mechanics lien?

Maybe. Thats a question for title/the courts, however that lien would have had to have been recording before all of this started happening. If one randomly shows up I think the courts are going to call BS on it

User Stats

6,435
Posts
6,764
Votes
Bruce Woodruff#3 All Forums Contributor
  • Contractor
  • Arizona
6,764
Votes |
6,435
Posts
Bruce Woodruff#3 All Forums Contributor
  • Contractor
  • Arizona
Replied Jun 10 2022, 06:27
Quote from @Sheila Shenoy:

Thank you Karl. Will it delay settlement if its a mechanics lien?


You can't just put a Mechanic's Lien on a place. You need to have performed some sort of contractual work on the property and have been denied payment on a legal invoice attached to a legal contract.

User Stats

3,333
Posts
3,675
Votes
Scott Mac
  • Austin, TX
3,675
Votes |
3,333
Posts
Scott Mac
  • Austin, TX
Replied Jun 10 2022, 06:37

Tough partner.

Too bad this could not have been foreseen.

Good Luck!

User Stats

6,473
Posts
5,111
Votes
Chris Seveney
  • Investor
  • Northern Virginia
5,111
Votes |
6,473
Posts
Chris Seveney
  • Investor
  • Northern Virginia
Replied Jun 11 2022, 08:37

@Sheila Shenoy

More info is needed but is this a business partner?

Are they on title to the property?

They cannot just sell your house without going through a legal process unless they are on deed to the property. If they got a judgment against you and are selling the property adding a lien now would have zero impact.

Note adding a lien to a property that is not legit is considered fraud and not something anyone would recommend. Your best bet would be to get an attorney.

User Stats

1,853
Posts
2,232
Votes
Darius Ogloza
  • Investor
  • Marin County California
2,232
Votes |
1,853
Posts
Darius Ogloza
  • Investor
  • Marin County California
Replied Jun 11 2022, 09:13

Is this a trustee sale on a deed of trust (nonjudicial) or a judicial foreclosure?