Can a lien be placed on the property of someone holding power of attorney of it?
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Can a lien be placed on the property of someone holding power of attorney of it?
I received a judgement of a permanent restraining order against an individual along with reimbursement of all attorney’s fees. The debtor holds only power of attorney of the property where she’s lives. Can I put a judgement lien against that property for non payment of awarded judgement?
Asked on July 23, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you can't. A POA gives someone the power to *manage* property, but doesn't make them the owner of it or given them financial stake in it. Since they don't own the property, it can't be used to satisfy their debts. You can't put a lien on another person's property due to a dispute with or judgment against someone else, the same way that if, say, someone who is a manager a local restaurant owed you money, you could not put put a lien on the restaurant.
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