Expert: Jason Barnette, Esq. - 8/31/2009

Question
Several years ago my father purchased a mobile home and the land on which it is set up for my brother and his wife.  He purchased it from a bank (it was in foreclosure) via credit card.  He made the transaction based upon the promise that the monthly payments on the card were to be made by my brother.  Some time after they moved into the home, the HVAC unit failed and had to be replaced.  My father paid for the unit and again, they promised to pay him back for this as well.  In the meantime my brother and his wife are now having marital difficulty.  These home-related expenditures are in no way the only expenses my father has incurred on their behalf with the promises that they would repay him - they owe him for cars, using his gas cards, cell phones, other loans, etc.  While my brother has sent my father a few hundred dollars here and there, they have not made any payments on these particular items.  He is fully aware that most everything else will never be recovered but he can prove these two purchases were made on his credit cards on their behalf.  In light of the fact that neither of them has made any sincere effort to repay him and now there is question concerning the continuation of their marriage, my father is interested in placing a lein on the property to prevent them from selling the home and failing to pay him back.  Also, the last time they spoke, my brother indicated to my father that his wife was willing to sign a quit claim deed.  Since he will no longer take any calls from my father, my sister, or myself, no one is certain what the current situation is or if she has done so.  The property is in TN.  My father resides in FL.  Can a lein be placed on the property in this instance, and if so, how would one go about placing the lein (hopefully without the cost of hiring an attorney)?

Thank you in advance for your assistance!

Answer
Gina:

Unfortunately, this is a complex legal matter that would require an attorney.  However, there is good news as well in that you can retain counsel to cloud the title via lis pendens in order to prevent them from selling the property.

We at Barnette Law Offices, LLC, would entertain the notion of speaking with you insofar as the property is located in Tennessee.  Feel free to contact us.

Jason Barnette, Esq.
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com