How to file a lien against a property?

I loaned money to help with a mortgage payment and would like to file a lien to insure I get that money back.How to file a lien against a property?
i need further clarifications:





since you're talking about mortgage payments, is it safe to assume that you're loaning money to pay off mortgage installments on a real estate property and that you want to have a lien on that same real property?





if that is indeed the case then the creditor of the first mortgage in all probability executed a real mortgage upon the property and had that registered/annotated on the title. if thats the case that means he's the preferred creditor.





it is possible to have a 2nd mortgage on the same property so the first mortgage can be paid off, especially when the property in the mean time has escalated in worth and/or the property was mortgaged for less than its true market value.





you can have the owner of the property sign the 2nd mortgage in your favor, but you'd have to bear the burden of paying off the first mortgage.





another option is you can have the owner of the property execute a deed of sale and/or transfer of rights in your favor to guarantee your loan, but considering that there's an existing mortgage on the property already, that's not a very safe option for you, and you'd still end up paying for the first mortgage.





the best option i think is to have your friend issue a check for the amount you loaned to him or have him issue a promissory note or memorandum. if the amount you loaned was substantial, you can have him execute another mortgage in your favor on some other property be it real or personal, and be sure to have that mortgage registered/annotated on the title.How to file a lien against a property?
My suggestion to you is whenever you lend money no matter who it is always get it in writing. It is never a good idea to lend money to relatives because most of the time if the person is not reliable it causes bitter family feuds. I know that you love your children and you want to do all you can to help them but sometimes the best thing to do for them is to allow them to try to work out the situation themselves. How will they ever learn if your son was facing a possible foreclosure that tells me that he is irresponsible and what happens 6 months down the line when he stops making his mortgage payments again. Sometime the best love is tough love.
The first thing is I understand your dilemma, I have been in the same situation with lending money to children.





You indicated you were not in California as your son is. I suggest that if you think it is important enough for you to get your money back is to make a trip to California and take your son to small claims court.





Once you have won at small claims court, you may file a lien against his house. The filing is good for about 7 years or so. The cost for a small claims court filing is not that expensive and the filing of a lien against his property is not expensive either.





You might be able to file another type of lien against the property also, but I would suggest you do it through a title company or secure the services of a California real estate attorney.





I hope this has been of some use to you, good luck.





';FIGHT ON';
Well you have to simply draw up a mortgage and the person you loaned the money to has to sign it and then you have to file it in the county clerks office. If you didnt lend them alot of money then you better just draw up a simple contract and have them sign it saying that they will pay you back. If they dont give you your money back then you can file a judgment against them.
You are in a difficult situation especially if there is no paperwork to backup your claim.





I hope you have expressed to your son that you are lending him money and that you expect and need to be paid back. If not, your son is not expecting to pay you back because he has not done so in the past and is most likely will not do so in the future.





I also doubt that your son would be willing to sign a promissory note if you did not make him sign one in the first place. Without a promissory note, you will have difficulty placing a lien on the property.





Your only other alternative is to go to small claims court and seek payment that way. Even then, without paperwork, it will be your word against his word, unless of course you paid him by check and use your processed check, and your bank statement and his bankstatement as the papertrail.





Your kind act will be paid back when you least expect it and when you need it the most, but I would not expect your son to repay you given his past history of not paying you back.





Love him, let him be, and know not to give him anymore money in the future. Let him be accountable for his own actions and if that means he gets foreclosed upon because of his own irresponsibility, so be it. Some of life's toughest lessons are best learnt by going through the pain unfortunately.





May God and St. Luke be with you when your need arises for financial assistance.





Best Wishes,





Jerry