Is it possible to place a lien on property that I have paid for but is in my sister's name?
Full Question:
Answer:
The answer will depend on whose name is on the titles to the property involved and the nature of the contracts. Generally, a lien is a claim on the property of another for a debt they owe. Therefore, if the the property is not owned by the debtor, such a not having the debtor's name on the title or deed, a lien may not be placed on the property not owned by the debtor.
There are various types of liens. A security interest, such as one created in a promissory note or other loan agreement, such as a mortgage, gives the creditor the right to repossess the property pleged in the agreement as collateral if the debtor defaults by not paying according to the loan terms. A mechanics lien is created through court action after a party fails to pay for work, repairs, or improvements to property. A judgment lien is a lien the court is asked to create after a party wins a judgment against another and the judgment remains unpaid.
In order to determine whether you may place a lien on the cousin's wife, you will need to determine whether a) you have a contract creating a security interest in the house or truck that is titled in her name, b) you have performed unpaid labor for work, improvements, or repairs, to the house or truck that is titled in her name, or c) you may win a judment for money damages in court that may be later used to petition for a lien against the house or car that is titled in her name, if the judgment isn't paid.