Desperately Need Help! Is There An Easy Way To Get A Lien On Someone?
My husband and I purchased animals from someone and now, eight months later, we still do not have the animals. Because of this, our contract to purchase the animals is now null and void with the seller, but he doesn't have the $12,000 + in cash to give back to us.
He has stated that once he sells his property, he can give us the money, but we don't trust him. He further stated that we could put a lien on his house or he could give us a promissory note.
I heard from a friend that it's possible (assuming the seller is agreeable) to having him put us in his deed in some way so that when he sells his property, we will be paid first. Is this correct? How do we do this? We are trying to spend as little $ as possible, as he already has our savings $$.
Should we try to recapture the eight months worth of interest that he has been able to accrue since we gave him our money? We've been paying interest on it on our end. Any help is greatly appreciated - you have no idea!! :-?
yes you can put a lein on his prop. don't try to do this yourself. the language can get "tricky" don't risk writting a note yourself unless you have a real good working knowledge of how to. asking how to on this site shows you don't. have an attny. draw up your lein.......km
Have him sign a promissory not and a deed of trust. Available from a title company
Word to the wise. If you file a commercial lien only you can remove it. The same applies if that person puts a lien on you. have you exhausted all possible solutions?
Just wanted to thank everyone for their advice. This whole process has been painful for my husband and me. The animals were our starter herd for our alpaca business.
We unfortunately have no other options but to try to collect the money when he sells his property because he refuses to come up with the money now. He claims he has no money.
Our animals were part of a group purchase of animals (with other buyers involved). The other buyers are willing to lose the specific animals they wanted for "replacement alpacas" being purchased from another farm. This man has at least $8,500 that we know of in cash, but rather than honor his obligation to us first, we have found out that he has approached another farm trying to purchase "replacement animals" for all his original buyers, except us (because we do not respect him and will not have a part of his fraud). The new farm will not know that he has no money to pay off the animals. They will let him take possession of their animals. He will then give them to his buyers and let them make payments to him (or pay him the total balance outright). Who knows what he'll do with that money!
When he is unable to make his final payment with the new farm for the animals they've given him, they won't be able to repossess the animals because he's "sold" them out to other farms. They will have to do the same thing we are doing and wait for their money. It's just a horrid situation. We thought we could trust this farm, as we've known him for over two years, but obviously we were wrong.
Anyway, thank you all again for your advice. We really haven't got much more money for an attorney, so we wanted to see what we could do ourselves to reduce any expense we may have to incur. :cry:
Might be worth a try to offer him a deal whereby he pays you less (like $8500?) and you call it even, formally of course. He has an incentive: you're discharging the larger debt. You have less hassle and legal expenses. Maybe he could include some animals in the 'settlement.' Since he's still talking to you, he may be open to a way to get you off his back, so to speak. Sounds like he's really trying to chase his money though...
Thank you for your suggestion. If my husband and I had not already given him several opportunities to make good with this, I might consider your idea of reducing the debt owed us. However, because of his latest e-mail indicating that he plans to pursue "replacement animals" with another victim, I cannot do that.
We are about to ask him for a promissory note secured with his deed of trust. In addition, I've asked that he include the interest $ lost to-date, as well as interest continuing to accrue until his property is sold.
Should he become disagreeable to this, I intended to pursue the recapture of legal fees and make the AOBA board and two committees on which he sits aware of his situation. Does this sound fair and reasonable?
Sure, sounds fair and justified. But realize that the 'uglier' you get, the less likely the chance you'll get your money, especially soon. Like it or not, he holds most of the cards right now, and if you can finesse a way through that, a solution may be possible that will minimize your loss.
How many other liens and creditors does a dishonest player like this already face? You may not end up with much at all, and that could take years, if/when he sells the property. On the other hand, making a fuss could help others avoid the same predicament. Just something to consider.