QUESTION

How could I enforce a lien on my own?

Asked on Jun 12th, 2015 on Litigation - Alabama
More details to this question:
I had an lawyer get me a lien on some property because the person who owns the property owes me money and the person had been in the prison system since and has not paid me anything. How can I take possession of the property and get the deed in my name?
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8 ANSWERS

First things first: retain an experienced collections lawyer. It's almost always worth the investment. The process of foreclosing a lien on real estate by a creditor who does not hold a mortgage is fairly complicated. An experienced lawyer can save you lots of bother.
Answered on Jun 12th, 2015 at 8:29 PM

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Edwin K. Niles
It depends on the type of lien. This subject is a bit too broad to tackle in this forum. The simple answer is that if you have a deed of trust (AKA trust deed) the trustee can start a foreclosure. If it is a judgment lien with a recorded abstract, the sheriff will have to sell the property and will require a deposit of several thousand dollars.
Answered on Jun 12th, 2015 at 8:23 PM

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Ask the attorney you used, as they should be willing to give you some free advice. Read some books, such as from Nolo Press, to see how to enforce a lien.
Answered on Jun 12th, 2015 at 8:00 PM

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Ronald A. Steinberg
Go back to the lawyer to execute on the lien.
Answered on Jun 12th, 2015 at 7:58 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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I won't attempt that with no document to see and so little info.
Answered on Jun 12th, 2015 at 2:17 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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If it is not enough to hire a lawyer, you probably will never see any of the money. Foreclosure actions against property are complicated. Any mistake and the court will erase any gain you think you have on paper. The Law disfavors forfeiture, even of scumbag's property. Only additional court action can get you closer to actually recovering anything.
Answered on Jun 12th, 2015 at 2:13 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You have to foreclose on the lien; go back to the lawyer you had before to accomplish this.
Answered on Jun 12th, 2015 at 2:11 PM

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James Eugene Hasser
You would have to file a petition asking the Circuit Court to sell the property. I'd get an experienced collection lawyer to do that if I were you. Good luck.
Answered on Jun 12th, 2015 at 2:02 PM

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