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Old 08-05-2005, 01:41 AM
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Question

Eligible for a public/personal lien?


What is the name of your state?What is the name of your state? Michigan

My generous mother in law helped her deadbeat daughter over the past couple years by making a good chunk of her mortgage payments. My mother-in-law has cancelled checks as proof that she made the payments. The daughter was to pay back the funds but as of yet she has not paid back one single cent.

Unfortunately the daughter has now estranged herself from my mother-in-law so any hope of settling the debt amicably has diminished. Is it possible for my mother-in-law to place a lien on the daughter's house? We have suspicion that the daughter has been defaulting on a portion of her mortgage payments lately and the house may be heading towards foreclosure. We are hoping that placing a lien on the property will enable my mother-in-law to collect some if not all of the funds she borrowed to her daughter, when the house is sold.

When I search for "liens", all I can find is info on mechanic's or construction liens. Any advice (websites to research lien law or the proper type of court documents to submit) would be greatly appreciated!
  #2  
Old 08-05-2005, 09:18 AM
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Join Date: Jun 2004
Location: Connecticut
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Quote:
Originally Posted by cnjmj
What is the name of your state?What is the name of your state? Michigan

My generous mother in law helped her deadbeat daughter over the past couple years by making a good chunk of her mortgage payments. My mother-in-law has cancelled checks as proof that she made the payments. The daughter was to pay back the funds but as of yet she has not paid back one single cent.

Unfortunately the daughter has now estranged herself from my mother-in-law so any hope of settling the debt amicably has diminished. Is it possible for my mother-in-law to place a lien on the daughter's house? We have suspicion that the daughter has been defaulting on a portion of her mortgage payments lately and the house may be heading towards foreclosure. We are hoping that placing a lien on the property will enable my mother-in-law to collect some if not all of the funds she borrowed to her daughter, when the house is sold.

When I search for "liens", all I can find is info on mechanic's or construction liens. Any advice (websites to research lien law or the proper type of court documents to submit) would be greatly appreciated!
The only way to place a lien on someone's home is to first be awarded a judgment by the courts. To do this your MIL must sue her daughter and prove that a debt is owed. If she does not have a signed loan agreement from her daughter it will be difficult to prove.
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