How do I file a lien on a property?

Question

Ok, so my husband and I lent a couple grand to someone for some of the closing cost on a house. Of course we have a signed document stating how much was borrowed, by whom, and when it was to be paid back. The due date was April 30th. We sent her on email about 3 weeks ago as well as a final reminder to please pay or we would unfortunately have to take it to a level I had hoped it would not and file a lien on the property. She is flipping this home and will probably go up for sale soon.

Can someone please let me know how to file a lien on the property. I contacted the county but they said they are not allowed to tell me how to do this... so I dont even know where to start...

Thanks so much!

Can someone please let me know how to file a lien on the property. I contacted the county but they said they are not allowed to tell me how to do this... so I dont even know where to start...

Thanks so much!

Terry Giancaterino · Answer

I'd Google it.  ANYTHING you want to know how to do is there.  Good Luck!

Crystal Smith · Answer

We've used a couple of different services to record interest in properties that we loaned $ on, Simple File & E-Recording.  In our case the loans were private 1st & sometimes 2nd position loans, secured against the property.  Sounds like you may have an unsecure loan.  All our documents were prepared, signed  & notarized by the borrower, prior to closing.  I put a bold on the notary as this was key to getting documents approved by the recorder of deeds.   We've used these services in Cook County & DFW in special situations without Title Company filing the lien.  It's not available in every county so you'll have to check the sites to see if the property is located in a county that accepts an electronically filed lien.  The sites will also provide you w/ the requirements for filing.

Linda Richard · Answer

Not sure if an individual can attach a lien for loan.

However, everything starts at the courthouse

Good luck

Jim Viens · Answer

I'd contact a real estate attorney and ask them. There may be a standard form where you fill out the particulars (property owner's name, lien holder's name and amount) and just record it with the land records. That will put a cloud on the title and they'll have to pay it from the proceeds of the sale when it sells for the buyer to get clear title.