Posting lien on brothers separate property after loaning money
Brother and I inherited several properties from our grandfather about 10 years ago. Separate properties are owned outright 100% by me and others 100% by my brother.

My brother is a good man, but is horrible with money. He has sold all but one remaining property to fund a startup business (crypto) that failed miserably.

The last property is actually pretty good with NOI of 100k or so. It is a 2 side by side four plexes and should sell in the next few weeks at 525k. 

Problem is that I spent 100k of my own money to help bring the property up to code (foundation issues, heating issues etc.). He says he will just send me the 100k once we close, but I am getting more worried that he won't because he blew through so much.

I am thinking of filing a lien on the property for the unpaid invoices. That way if they close for 525k, he/title company will have to pay me the 100k I am owed first.

Does this plan sound feasible? Has anyway done this before? Should I hire a lawyer or what?

&amp;#x200B;

Thanks in advance for any help from this communtiy.
[{"id": "iwa3gne", "text": "Yes, probably call a title attorney/commercial paper guy.  Option 1, your brother signs a mortgage/secured lien with you and a note for the money owed, you record it and get paid at closing.  2, You hurry and get a judgement and then an involuntary lien (might take a while and piss everyone off) 3, lis pendens/mechanics lien, see option 2.....option 4, send your  invoice to his closing and cross your fingers that he pays them. \n\nEither way, I would definitely issue a payoff for the total amount, for a certain day with a per diem on it.", "replies": [], "depth": 1}, {"id": "iwa6x6i", "text": "Can you confirm there\u2019s no one else in first position /owed money? Mechanics leans cones after tax liens, etc . The water bills, the property taxes etc, All up to date? \n\nIf your not first, its unlikely you will get your money.", "replies": [{"id": "iwcndt0", "text": "There is a tax lien of \\~3k and lender has primary lien for 300k. So this would be a mechanic lien in third position. Even if I don't get all the money I invested, I would still get some though correct? Capital stack goes lender, county tax, realtor fee, and then me?", "replies": [{"id": "iwdrjw2", "text": "I\u2019d be uncomfortable there was more I didn\u2019t know about.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iwam70x", "text": "Something is WAY off here.  You are saying the NOI is $100,000+ but it will only sell for $525,000!?!   The cap rate formula is V=i/r so $525,000=$100,000/19%!!!\n\nAny NOI selling at a 19% cap rate or only $5.26 for a possible dollar of NOI has got to be in one of the crappiest markets in the world!!  Someone is scamming someone or you all are just clueless.", "replies": [{"id": "iwbf27n", "text": "Plot twist, neither one of them is \u201cgood with money\u201d", "replies": [{"id": "iwdvkrv", "text": "da da da dum!", "replies": [], "depth": 3}], "depth": 2}, {"id": "iwbgcew", "text": "I think he meant each will sell , and he has two. So still, 100k NOI on 1M is a 10% cap rate. Makes sense", "replies": [{"id": "iwcbypa", "text": "Why would he combine NOI but report only 1 sales price?  And even in todays economy a 10% cap rate would be high for a typical market.", "replies": [], "depth": 3}], "depth": 2}, {"id": "iwcn6ye", "text": "Nope. It is 20% cap rate. Southwest Oklahoma in a rural community. Deals are there to be had if you can withstand small town life in a red state.", "replies": [{"id": "iwd4pae", "text": "If you call cheap properties a \"deal\" I can get you all the deals you can handle in parts of Detroit, Memphis, Birmingham, etc.  Working hard to raise NOI by a dollar just to get a $5 increase in value is not worth most investors time.  Crap, any positive cash flow (if it materializes) is just eaten up by your loss in value due to inflation.\n\nGive me a good 5 cap where when I increase NOI by 1 dollar I get rewarded FOUR times as much!  Work smart, not hard.", "replies": [{"id": "iwe5thk", "text": "That\u2019s why they make chocolate and vanilla, Honolulu Bob", "replies": [{"id": "iwejz56", "text": "Where I buy ice cream chocolate and vanilla cost the same.  Maybe you could compare crappy cheap ice cream to high quality ice cream.  I like good quality.  Doesn't matter much what flavor.", "replies": [], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "iwi4pdo", "text": "A 20 cap????? Send me the details I\u2019ll purchase it myself", "replies": [{"id": "iwp2i95", "text": "WHY?", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iwaqdf5", "text": "Paying you from Escrow seems like a much better paper trail as well.", "replies": [], "depth": 1}, {"id": "iwasgrx", "text": "Good luck with that. I was in a similar situation with my dad and got nothing by the time the bank and everyone else in line before me took their cut.  If he is borrowing that much from you there are bound to be other creditors or the IRS owed.  I would get a lawyer.", "replies": [], "depth": 1}, {"id": "iwdtom6", "text": "Depends on\n\n\\- trust\n\n\\- whether you can afford to lose the $100k or a large part of it\n\n\\- how you want your relationship with your brother/family to continue\n\nMe, I'd take the crapshoot and hope I get something after the closing or maybe continuing payments going into the future.\n\nTough position for you to be in, good luck.", "replies": [], "depth": 1}]