In Aptos, CA. I loaned $12,500 to a person going through a divorce, with a signed agreement to pay me back out of the proceeds of the sale of a rental house that she and her husband owned, The house rental house sold. I did not get paid. She says her only asset is the house in which she lives. She owns the house after the divorce. Can I file a lien on the house so that my heirs will eventually obtain payment of this loan?
Yes. You need to file a lawsuit against her and if you prevail at trial, you will then have a judgment which you can then record in the county where the property is located and you will thereafter have a lien against any property on which she is on title in that county.
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