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Can I file a Lien against property on an unpaid promisary note?

MinnesotaRight to Lien

I have a notarized promisary note to pay $250 per month, but payments were stopped.

1 reply

Sep 23, 2019
Does this debt relate to construction work? Mechanics liens are generally only available for those who perform construction or construction-related work but go unpaid for that work. Other types of liens or encumbrances may be available, but unless contruction-type work was done, and unless the Minnesota mechanics lien requirements were followed, then a mechanics lien won't be available. While we discuss liens often at the Expert Center - we discuss mechanics liens as they relate to construction work. So, if this wasn't a debt regarding work which would give rise to mechanics lien rights, I'm not sure our expertise will be particularly valuable here. With that being said, the terms of the promissory note should generally apply. So, if the note, itself, has terms regarding what should happen upon late payment or default, those guidelines should be followed. Unless that note features a right to specific property or a confession of judgment, though, obtaining a lien won't be a particularly automatic process. Rather, typically, a judgment will need to be won before a lien could be filed on the note.
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