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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption