Q: I want to file a lien to secure my interest in the property I’ve been living on.
We have lived here on the same property for 16 years. I want to file a lien so that I can recoup my money and interest that I have in this property. We have improved the land, maintained the road, kept up with the renter and his payments, have paid several years property taxes, and the list goes on. It was to be deeded to us but that deal was backed out of. Property is owned by husbands father. Father has not engaged in any way to maintain the property or tenant. All responsibilities were placed on us when he left.
A: The only possible lien would be a Mechanics and Materialman's Lien. I do not think that your situation will qualify, but you might hire a competent lawyer. It is only good for 180 days and then you have to execute it. It does not appear that the owner will grant you a Note and Deed of Trust. Probably your only real alternative is to sue him for the benefit conferred, probably in Chancery. Husband probably will not want this, and you may not win a judgment which could be filed as a lien.
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