I have a personal emergency needing funds of $40,000 and I am unable to borrow money from banks since my credit score is in a poor status. I have a prime piece of real estate, a single family home, up for sale for $399,000 and the only loan outstanding on this property is a $40,000 home equity line of credit. The results from any sale of this property will more than cover the repayment of borrowed monies. If I am able to find someone willing to loan me the funds I need,, can I willing get a notice of lien drawn up and filed for the repayment of these borrowed funds as the time of the property sale if not sooner.