Stevensville, MD asked in Uncategorized for Maryland

Q: What is the process to put a lien on an individuals investment property?

I am a mtg broker. I brokered a loan for an individual on a commercial office space. Halfway through the loan process she requested to pay me "outside" of closing. This is not common practice. She made up a lame excuse that she likes to use different accounts for different payments. Beyond my better judgment I agreed as she was a referral from a realtor in my hometown. She signed a pre-approval letter, 2 letters of intent and the closing disclosure agreeing to her paying my broker fee. The day before settlement she said she absolutely didn't want me to at the settlement, that's the last I heard from her. By asking me to agree to being paid outside of closing I believe she showed intent to commit fraud by signing 4 legal documents promising to pay me with no intension on doing so. From the small amount of research I've been able to do, I need to sue her to get compensation. Being almost certain she has no intention to pay me, I will need to put a lien on her property.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You will need to sue her and obtain a judgment first. The judgment, upon it being entered in the circuit court having jurisdiction where the property is located, will become a lien against the property. There is no way to place a direct lien against the property except by a written instrument signed by her specifically granting the lien.

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