Menu
Home>Levelset Community>Legal Help>Can i record a lean on a purchased property i helped loan the buyers cash (for it’s cost)

Can i record a lean on a purchased property i helped loan the buyers cash (for it’s cost)

FloridaLien Priority

I gave a cash/loan to my son-in-law ((and daughter) back in 2017 to purchase a new townhouse in Winter Garden. They paid back approximately half the loan in 2018, the other half is still not refunded. They may be getting divorced (2021) and i am still waiting to get my money back. I need to record a lien on the townhouse to protect my money in case they sell it anytime soon. I called Orange County Comptroller county office & they said i can record the lean as soon as i fill in the Claim , notarize it then submit it with the fees required per page ($10 for the 1st page, $8 per extra page(s). I did all that but wanted to consult an expert before submitting my Claim of Lien.

3 replies

Mar 24, 2021
The key word in the description of your problem is "loan." You do not have the right to file a construction lien and if you do you could be liable for damages in the disparagement of the property's title. You should have obtained a mortgage for the loan, and you still can if they will sign one. The mortgage should be prepared by a lawyer so that your rights are adequately protected. If they refuse to sign a mortgage your only recourse is to file suit for nonpayment of the loan. I realize that is a drastic thing to do to family, but you really do not have another remedy.
0 people found this helpful
Helpful
Mar 24, 2021
You might be entitled to an "equitable mortgage." This requires proof that there was an agreement to charge the debt to the property. That proof typically is in writing. An equitable lien can be imposed on property, but only as a remedy for some improper conduct. Here, it seems that you made an unsecured loan to your daughter and her husband so that they could purchase a specific property. The question is was there an agreement that the debt would be charged to the property.
1 person found this helpful
Helpful
Mar 24, 2021
Finally, you would have to file suit to establish an equitable mortgage.
0 people found this helpful
Helpful