Unfortunately, creditors filing a lien against a debtor's real estate, becomes the only alternative to recoup monies owed to that creditor. This means that once the lien is in force, the debtor's real estate cannot be sold legally without satisfying the debt first. It will then become "free and clear" with no encumbrances on the title. In order to file a lien, certain requirements have to be fulfilled by the creditor, such as a true claim on the debtor's real estate with contracts and papers to back up that claim. Read on to learn how to file a successful claim in the great state of Missouri.
Taking the First Steps
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Step 1
Gather any papers and contracts together which will back up your claim when you get to the county recorder's office. The filing officer will want to take a look at all you have brought with you in order to evaluate your claim. It is up to the filing officer to accept or reject your claim. If the officer accepts your claim, then a lien will be filed against your debtor's property.
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Step 2
On rejection of your claim: If your claim at the county recorder's office is rejected, this just means you will need to get permission from the court to file your lien. Go to the clerk of the court and state your claim against the debtor. There will be a court date set for a hearing on the matter. If the court finds the evidence is in your favor, then the judge will issue you with a court order to file with your lien.
Step 3
Ensure that your claim is a valid claim as the so-called debtor may sue you in court of law for filing an invalid lien against his real estate. This means you would be required to pay a minimum of $5,000 to the so-called debtor for his inconvenience. Take a look at the statutes in the resource section of this article for details.