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How to put a lien on a property?

ColoradoLien ForeclosureLien on Funds

I lend $50k to a LLC with a deed on a property. The note has expired 2 months ago. And this LLC owns another property and this LLC is selling this property, so I would like to put a lien against the property they are selling to get my money back.

20 replies

Mar 19, 2020
Mechanics lien claims will only be available to those who perform work that permanently improves the project property. So, someone lending funds to a property owner wouldn't serve as a sound basis for a mechanics lien filing. If the loan was secured by the property, then that'd create a lien against the land. And, the documentation establishing it should be filed with the county recorder's office as soon as possible to officially announce that claim in property record. That way, potential purchasers would be aware of the debt and the current owner may be more willing to make payment on the loan in order to facilitate the transaction. However, if the agreement didn't create an interest in the property securing the loan, I'm not sure that a creditor will be able to unilaterally establish a lien against the property without having a judgment in hand against the owner of the property. But, if there was a judgment in hand, then a judgment lien would be a potential easy solution. Ultimately, though, if the debt didn't create a secured interest in the property, and if there hasn't been a judgment on the debt, then proceeding with a legal claim to recover the debt may be a good starting point. In any event, it'd be wise to consult a local Colorado construction attorney. They'll be able to review the loan agreement and advise you on your best options for moving forward.
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Oct 25, 2022

As noted above, I'm not clear if you've got a note secured with a deed of trust or not based on your question. Please feel free to call our office to discuss. 7205007855.

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