QUESTION

Can I have an attorney put on a lien on a house that is on the market, to recoup a promissary note the main beneficary owes me

Asked on Mar 16th, 2017 on Contracts - Illinois
More details to this question:
Promissory note written by the debtors attorney. Was due in full in Sept 2016. Debtor is about to sell his deceased aunts house to which he has 60% ownership. House has 5 offers on it now. Amount owed is $2,500. All in IL
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Generally, unless you have a contract which allows it (e.g. a mortgage) or have enhanced the value of the propery you seek to lien with your goods or services (e.g. a mechanic's lien) you can't place a lien on property until and unless you have obtained a judgment against the debtor.  Right now all you have is a claim that you are owed $2,500.  Until there is a court judgment determining that you are right, it's only a claim, which the alleged debtor may contest.
Answered on Mar 17th, 2017 at 8:45 AM

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