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I want to file a lean on a house from a promissory note. Can I?

California

Have old promissory note not paid. Can I put a lien on their house?

3 replies

Jan 4, 2021

No, your deadline to file the mechanics lien has passed if the note is "old."

You should file a collection lawsuit.

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Jan 5, 2021

Without knowing more, you may be able to file a breach of a promissory note and if that note is secured by real property, a lis pendens recorded against the property may be in order. Contact a lawyer in your area.

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Jan 6, 2021

Nope, a mechanics lien is intended to create a security interest in real property for work that improved that real property (e.g., labor, materials, equipment). A promissory note wouldn't qualify. What you're looking for is a "deed of trust" securing the promissory note.

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