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I would place a lien on the property. You should be able to place a lien very easily without an attorney. Even if the bank claims the property they cannot have a sale go through without satisfying the lien. Also take him to small claims court.
I'd have the motion filed at the first call from another sub asking where he was...lien right after.
Thanks Mark. I still have time. Last question involving this (I hope), is an attorney required to establish a lien? I contacted the clerk of court in my area and she kind of chuckled saying "you better just send your lawyer." I don't mind retaining an attorney, but if it's not necessary... So how is it done where you are? Thanks to all posters.
I have never filed one.
If I was serious I would make a call to the county clerk and I'm sure they would get me on the right track.
I've only had one homeowner try to skip out on payment. I sent two reminders and asked her to respond with her intentions. No reply.
I called the Sheriff and told them I wanted to file theft of services charges against her. He went to her home and two days later I got the check in the mail.
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I think it's Dunbar thats had VERY positive experiences with the local authorities with bad checks..apparently they have a department that will do a large part of the pursuit for you. I know in my state the process starts with filing a motion in court, luckily I have zero experience with it...knock on wood.
I have filed a lien, and it wasn't difficult. The biggest problem is liability should you accidentally lien the wrong property. That can result in huge lawsuits. An ounce of prevention, and all that . . .
If you don't file a lien and he files bankruptcy, you may be left holding the bag.