Dallas-Fort Worth Real Estate Investor Club

Need help with Mechanics Lien

  • 19 Aug 2018 4:34 PM
    Message # 6583102

    I have someone willing to help with funding repairs for my flips (He only has a small amount of money).   To make him more comfortable with the project and know he will get paid back, is the proper thing to do is file a mechanics lien?    Can someone describe in detail the best way to do this or something else that is better?  I am already going to present him with a Promissory Note, but wanted to know what else I can do to make him comfortable in the beginning.  This will be just a simple interest loan for approximately 3-4 months.

  • 20 Aug 2018 7:28 AM
    Reply # 6583883 on 6583102
    Robin Carriger (Administrator)

    If I were the lender, I'd want to be in first lien position, have both a promissory note & deed of trust, and have a mortgagee's title policy.  That way I could foreclose if needed and would be protected against title surprises.

  • 23 Aug 2018 11:17 AM
    Reply # 6635793 on 6583102

    If you have another lender in place, you will need to check with them to see if they will allow 2nd's.  Most won't take kindly to a mechanic's lien (or any other lien) being placed on the property.  Assuming you own it free and clear, you can sign a note and deed of trust to secure his interest.

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