How to place a lien on the home of a contractor who committed suicide?

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How to place a lien on the home of a contractor who committed suicide?

I am suing our contractor for 33K for abandoning our kitchen project and fraud. We served him but he committed suicide the next day. The only think he owned was his home where he conducted his business. Now I am suing his estate. Can I go to the Recorder of Deeds office and file a lien on the house?

Asked on June 20, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you can't legally file a lien on his home because you have no legal basis to do so:
1) You don't have some agreement from him (we assume) making his home security for a debt or dispute.
2) There is no law giving a contractor's customer's the right to file liens if the contractor does not perform.
3) You do not have a court judgment against him yet, which means that your claim that he owes you $33k is only that--a claim. It has not been validated by a court, so there is at present no enforceable debt.


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