Can someone put a Lien on a house

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Can someone put a Lien on a house

My mother passed and left her house to 5 kids. There was a mortgage left so my brother has made payments for the past 5 years. The house caught fire and the insurance paid off the mortgage. Now my sister’s want to sell the house cheap. Can my brother put a lien on the house for the money he spent on the mortgage. There was no written agreement from the 5 kids to allow him to make the payments but we all verbally agreed.

Asked on October 15, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF your brother sues the other owners for the value of what he put in AND wins AND is not paid by them, THEN he can put a lien on the home to secure payment. But first he would need to sue and win, establishing his legal right to payment from the other owners.


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