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Can i file a lien against the property i live in

New JerseyForeclosureLegal Property DescriptionRight to Lien

Hi i moved into a home with a verbal agreement with the owner that would allow me to purchase the house from after 5 years part of the agreement was i would handle all the major renovations during that time. The property was then seized by the city because of a outstanding tax note. Ive been in the home for over 2 years and have invested over $110,000. At this point id like to take over ownership of the property can i file a lein against the city who now currently owns the property

2 replies

Oct 28, 2020

Traditionally, the Statute of Frauds barred the transfer of real estate by verbal agreement. New Jersey changed that approach in 2013 when they enacted N.J.S.A. 25:1-13. See: https://law.justia.com/codes/new-jersey/2013/title-25/section-25-1-13/

The statute explicitly requires "clear and convining evidence." That's a high burden. You would need to show that an identifiable and specific verbal agreement was in place and that you acted in accordance with it.  

New Jersey requires a written agreement to file a lien. Your agreement was with the prior owner and it was verbal. Based on those factors, you would not be able to lien the property that is now owned by the city.
 

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Oct 29, 2020

A lien is the next step. However, it is also important to note whether you provided the proper notices so that you can realize the full value of that lien. Also remember that you have 90 days from the last date of providing services/materials to record said lien. 

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