Can you file a lien against real estate for past due salary?

Answer

Not exactly. You have no claim against the property. You may have a claim against an individual or a company for wages. If you sue and they fail to pay then you can take the next step and go after their assets. When you dig into the details the house might not be something they own or it might be owned by an unrelated entity (trust or otherwise).

Anyone can file a lien against someone's property but the catch is that they can come back and sue you for damages. If you do not have a valid claim then you will owe the other party money for damages (your lien).

You need to go to court and sue the party for back wages. The judge can grant you the right to place a judgment in the county records against that person's name. When that person goes to buy property the bank will require it to be paid prior to closing.

Seek legal advice as you may find that you do not have a valid claim. Or you might be able to settle before incurring court costs once you have a lawyer send a letter to the other party.

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