QUESTION
Can I place a lien on some farmland if the owner owes me money?
Asked on Apr 19th, 2014 on Estate Planning - Michigan
18 ANSWERS
Unless you are a contractor on the property or have a judgment, no.
Answered on Apr 21st, 2014 at 6:53 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you sue him and get a judgment, then you can.
Answered on Apr 21st, 2014 at 5:21 PM
If someone owes you money you must first sue them and win a judgment before you can file a lien unless you are entitled to file a mechanic?s lien for work that you did for them.
Answered on Apr 21st, 2014 at 5:18 PM
Edwin K. Niles
Yes, after you sue and get a judgment.
Answered on Apr 21st, 2014 at 4:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Best to reduce the lien to judgment by bring a lawsuit against the person, and recording a judgment against the property, unless the loan document provides for an alternate method.
Answered on Apr 21st, 2014 at 4:51 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Only if you get a judgment and he does not pay.
Answered on Apr 21st, 2014 at 4:50 PM
Only after you obtain a court judgment or if the borrower signed a security agreement or mortgage.
Answered on Apr 21st, 2014 at 4:12 PM
Yes. There are various ways to do so. If you provided labor or materials to improve the property, such as through construction, you could file a mechanic's lien. To perfect the line you would need to file a lawsuit within a certain period of time. Each state has its own laws on how and when you must file the lien and the lawsuit, so find some help. If you cannot file a mechanic's lien, you would need to file a lawsuit, get a judgment in your favor from the court, and record the judgment on the farmland like a deed to establish your lien.
Answered on Apr 21st, 2014 at 4:01 PM
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Unless you are a contractor, no you cannot. You need to file a lawsuit and get a judgment.
Answered on Apr 21st, 2014 at 3:59 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Depends on a lot of facts which are not part of your summary. Do you have a judgment against him/her? Did your contract allow you to convert your debt to a secured interest? Most likely, the answer to your question would be no, but more information is needed to be sure.
Answered on Apr 21st, 2014 at 3:55 PM
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Did you perform services or improvements on the land that increased the value? Do you have a judgment? If not, the answer is probably no. Speak to an attorney about your situation and next steps in the county, or at least the state where the land is situated. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
Answered on Apr 21st, 2014 at 3:52 PM
Thomas Edward Gates
Yes, you may place a lien on the farmland. However, understand your responsibility to enforce the lien.
Answered on Apr 21st, 2014 at 3:46 PM
To determine if you have any right to do so, contact a lawyer who specializes in liens.
Answered on Apr 21st, 2014 at 3:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only if you bring a civil action against the owner, win and get a judgment. Then you can go through the process of getting a judgment lien on the property.
Answered on Apr 21st, 2014 at 3:37 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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To place a lien on farmland, you need to sue the owner then, if you win the suit, you can place a judgment lien against the property.
Answered on Apr 21st, 2014 at 3:33 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You cannot place a lien on property without the owner's consent, except in limited circumstances. The nature of the debt is important. Mechanic's liens can be recorded against property if permitted under the Mechanics Lien statute. Landlords and warehousemen can lien property within their control to pay for possession or storage related debt. Broker's can lien property under limited circumstances. If you have obtained a judgment against the debtor you can place a lien on property.
Answered on Apr 21st, 2014 at 3:32 PM
You can, if you obtain a Judgment against the owner, otherwise, no. You should be aware, you need to have a Judgment against the owner of the farmland to obtain a judgment lien against the land. For example, if the land is owned by a husband and wife, and you obtain a Judgment against just the husband, you can't obtain a judgment lien against the land. If the land is owned by an entity, such as Larson Farms, LLC and you obtain a judgment against Mr. Larson, you won't obtain a judgment lien against the land. If you obtain a judgment lien against the land, you cannot foreclosure the judgment lien. All you can do is wait for some event to occur in which the judgment lien causes a problem for the owner, then the owner will need to deal with you.
Answered on Apr 21st, 2014 at 3:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, after you have a judgment, or with the debtor's permission.
Answered on Apr 21st, 2014 at 7:52 AM