If I loaned someone some money to pay their land taxes, can I put a lien on their land?

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If I loaned someone some money to pay their land taxes, can I put a lien on their land?

Asked on September 9, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, no...not unless you had previously--that is, at the time you made the loan--had them sign a mortgage giving you a security interest. You cannot create security interest after the fact it needs to be part of the loan transaction. 
If the person defaults on the loan and you sue them and win, then if they still don't pay, you may at that point be able to put a lien on the property, using the collections process. But you can only do this after suing and winning you can't do it without a victory in a lawsuit.
Also bear in mind that any mortgages on the property would have first priority, even if you could put on a lien after a lawsuit only after the mortgage were paid might you get something.


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