QUESTION
Can I place a lien on our house or file a suit against my son in law for my money?
Asked on Dec 15th, 2013 on Bankruptcy - Washington
More details to this question:
I loaned my daughter and son in law a substantial amount of money for a down payment on a home with a verbal commitment they would pay me back. Since then they have divorced and my son in law got the house since the loan is in his name. Is there any way to place a lien on the house or sue him for my money? The closing documents and cancelled check show how much I loaned them. He says he does not owe me anything but my daughter will testify they promised to pay me back.
5 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, you can.
Answered on Dec 20th, 2013 at 4:53 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Consult an attorney immediately. Do not place liens on property without legal advice. Potential problems include (1) whether the transaction is a gift or a loan, (2) unenforceability of unwritten agreements which cannot by their terms be performed within one year.
Answered on Dec 19th, 2013 at 7:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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See an attorney with the documents and evidence to have. You will probably have to sue if you were not already granted a lien.
Answered on Dec 18th, 2013 at 9:52 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can file a lawsuit against both your ex-son in law and your daughter and get a judgment. How they will divide the debt is dependent upon their divorce judgment. You can place a lien on the house only after you get a judgment against the ex-son-in-law.
Answered on Dec 18th, 2013 at 9:51 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You can certainly sue. The question is how long ago was this. The statute of limitations may have run. If this is the case, it is too late. It is the perfect example of why to have these things documented when the transaction is done. You can always forgive a promissory note. It is oh so much more difficult to document the loan later on.
Answered on Dec 18th, 2013 at 9:20 PM