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Can I use a real estate lien to collect a personal loan?

Diane L asked:


I loaned my friend $5,000 for a vehicle almost 10 years ago with only trust as the security for payback. I’ve not seen any effort for payback and I need the money.

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3 Responses to “Can I use a real estate lien to collect a personal loan?”

  1. alandra555 Says:

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    What kind of payment arrangements did you make with your friend. Have you asked for the money back. Because in 10 years you could not go to court to sue b/c the statue of limitations have run out. I would explain the your friend that now you are in a bind and need the money back just like they were.

  2. David M Says:

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    First, even if you had a written agreement because his real estate had nothing to do with your loan you cannot attach a lien against that real estate. Second, because you have nothing in writing about the loan, there’s nothing now that you can do about this deadbeat. Let this be a lesson to you. If your “friend” cannot get a normal loan from a bank, don’t believe that you know more about loaning money to people they decline than they do. They make such loans for a living. They know a deadbeat when they see one. Your only hope is to guilt him into it which I doubt will work. Never loan money to friends unless you’re willing to kiss that money goodbye.

  3. Gary Says:

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    You can kiss that money “Goodbye”. You should never loan money or go in business with friends, family or relatives. Get a new friend.

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