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How and what type of lien do I file?

I fully financed a new roof on my fathers home. Myself and my siblings will be deeded this home upon my fathers passing and the home will not be sold until that time unless funds are needed for his continued care. How do I file a lien on the home to assure that I will receive repayment for this roofing project when the home is sold?

5 replies

Oct 26, 2021

You do not have a legal right to file a lien.. Your dad (assuming he is competent) can grant a private mortgage to you to secure your interests. Further there are no guarantees that the home will be deeded to your siblings and you when your dad passes without irrevocable estate planning documents (and most estate planning docs are not irrevocable), Your understanding of the situation is lacking. Contact a good attorney to review the situation for you.

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Oct 26, 2021

Actually I do have a good understanding in that I am the DPOA of my fathers estate and we have a lady bird deed already drawn up stating the property will be transferred to myself and my siblings upon my fathers death. We have been working with our estate planning attorney who recommended putting the lien on the house to guarantee our financing is recouped upon the sale of the house. I simply was asking which lien form is necessary from your site .
Be assured I will not be needing your assistance going forward !

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Oct 26, 2021

Lenders cannot file construction liens. A lender must get the consent of the property owner to place a lien on property. So, whether you call it a mortgage or security interest or collateral assignment, your dad must approve. You may try talking to your siblings to see if they will acknowledge (in writing) that your "loan" should be paid off before any estate distribution. Either way, this is not a construction lien issue.

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Oct 26, 2021

Thank you Mr Olson

I appreciate the "kindness" of your clarification.

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Oct 28, 2021

Karen, Mr. Weiner and I are regular contributors to this website, giving our time to answer construction lien questions by homeowners and contractors. I am sure he did not intend to insult you. Your question was vague and his answer was totally correct imo.

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