Can Iput a lien on someone’s house in another state to secure a significant debt – when there is agreement the money is owed?

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Can Iput a lien on someone’s house in another state to secure a significant debt – when there is agreement the money is owed?

I “loaned” a good friend $12,000 to fix her roof. The insurance was supposed to pay her within a week. It has been 2 years. We have no paperwork but she agrees that she owes the money. Is the process for me to get her to sign a promissory note? How can I put a lien on her house for security? Presently, we have no paperwork. It was a loan between friends.

Asked on May 10, 2012 under Bankruptcy Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have no paper work evidencing the loan that you made for $12,000 to your friend, you have no security agreement to place a lien on her home as you have inquired. I suggest that if your friend has no intention of repaying you the money loaned and the money is now due, you should consult with an attorney practicing in the area of contract law about filing a possible lawsuit if your friend will not voluntarily sign a promissory note with a payment date as to the $12,000 loan with stated interest per year.


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