Question:
I have an investor lending me some money (say $100k), we think that a good way to secure his investment is by giving him a lien against my property (land) that I own free of debt and other liens. This lien will be void once I repay the sum in question. What's the best way to issue a lien? Can an escrow company do it? What's the least expensive way to go about it?
You have to file a mortgage with your county recorder of deeds. You may be able to call the courthouse to find out who can prepare one for you. Typically the bank would prepare but you're not dealing with a bank so I'm not sure.
Do yourself a favor, hire a local attorney to advise you on this transaction, better to spend a little now than a lot more later. In most states, the 'lien' you describe doesn't function unless it's filed in the county where the real estate is located, and it's not called a lien, it's a mortgage.
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