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Lein Possible?

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Steve McGarrett

Junior Member
Arizona

Is it possible to file a lein to keep my brother from selling my mom's home? He convinced her while she was in a nursing home to do a quit claim to him. There are four brothers and we all helped taking care of her. She had always promished the home to all of us.

I want to do what is right. Could I put a value on all the hours I spent over five years in assisting her in shopping, driving her to appoinments, doing her meds each week, paying all of her bills etc.

Along that line, what is a commercial lein? Someone told me this was a very potent lein. I don't know what it is.
 
Last edited:


HomeGuru

Senior Member
Steve McGarrett said:
Arizona

Is it possible to file a lein to keep my brother from selling my mom's home? He convinced her while she was in a nursing home to do a quit claim to him. There are four brothers and we all helped taking care of her. She had always promished the home to all of us.

I want to do what is right. Could I put a value on all the hours I spent over five years in assisting her in shopping, driving her to appoinments, doing her meds each week, paying all of her bills etc.

Along that line, what is a commercial lein? Someone told me this was a very potent lein. I don't know what it is.

**A: no you can't file a lien. Whomever has title to the property ( your brother) has control and is the only one that can sell the property.
 

Steve McGarrett

Junior Member
Possible Lein in AZ.

HomeGuru said:
**A: no you can't file a lien. Whomever has title to the property ( your brother) has control and is the only one that can sell the property.

Arizona

That's what I'm trying to prevent him from doing. He wants to sell the home. I want to stop him from doing it. I can't put a lein on the home to stop him from selling?
 

HomeGuru

Senior Member
Steve McGarrett said:
Arizona

That's what I'm trying to prevent him from doing. He wants to sell the home. I want to stop him from doing it. I can't put a lein on the home to stop him from selling?


**A: ok, let's try again. Who has sole title to the property?
 

Steve McGarrett

Junior Member
HomeGuru said:
**A: ok, let's try again. Who has sole title to the property?

Arizona

When my mom passed he became sole owner. There will be a quiet title action and we hope a slim hope that we can convince a judge that he took advantage of our mom when she was suffering in a care home with CHF and dementia. We know it's a long shot.

But he wants to sell the home and walk away with 200k.

So I go back to my question? Is it possible to put a lein on the home to prevent him from doing so? I know it can't be a mechanics lein. But could any kind of lein be placed on the home which would stop him from selling? Can I put a value on all of the time over five years that I took caring for her and translate this to a lein? A friend mentioned a commercial Lien and at this point without research I have no idea what a commercial lein is?

We know he owns the home, but he took advantage of a sick mom to get title. We just want to do something legally that would stop him from selling and moving to Australia as he plans to do.He has already made application for the passport.
 

HomeGuru

Senior Member
Steve McGarrett said:
Arizona

When my mom passed he became sole owner. There will be a quiet title action and we hope a slim hope that we can convince a judge that he took advantage of our mom when she was suffering in a care home with CHF and dementia. We know it's a long shot.

But he wants to sell the home and walk away with 200k.

So I go back to my question? Is it possible to put a lein on the home to prevent him from doing so?

**A: no, you have no lien rights and no rights to the property.
*********
I know it can't be a mechanics lein. But could any kind of lein be placed on the home which would stop him from selling?

**A: see above.
*******
Can I put a value on all of the time over five years that I took caring for her and translate this to a lein?

**A: no, see above.
********
A friend mentioned a commercial Lien and at this point without research I have no idea what a commercial lein is?

**A: the answer is still no.
*******

We know he owns the home, but he took advantage of a sick mom to get title. We just want to do something legally that would stop him from selling and moving to Australia as he plans to do.He has already made application for the passport.

**A
the best that you can do is to hire an attorney to file a lawsuit which would then cause the title to have a notice of pendency action listed. That may put a stop to any sale.
 

greg33

Junior Member
Les Pendens (spelling)

Steve McGarrett said:
Arizona

Is it possible to file a lein to keep my brother from selling my mom's home? He convinced her while she was in a nursing home to do a quit claim to him. There are four brothers and we all helped taking care of her. She had always promished the home to all of us.

I want to do what is right. Could I put a value on all the hours I spent over five years in assisting her in shopping, driving her to appoinments, doing her meds each week, paying all of her bills etc.

Along that line, what is a commercial lein? Someone told me this was a very potent lein. I don't know what it is.

If your mom was not in a (competent mental state) when she signed the quit calim deed, the deed may not be a legal deed. If you can prove that she did not know what she was signing, you may be able to go to court and have the deed voided
 

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