HOME FOR FREE SUMMARY STEPS FOR CREATING THE SECURITY INTEREST IN THE PERSONAL PROPERTY

-Find an abandoned house (to make this work you need to choose real property that is vacant and/or personal property (Warranty Deed) which has been abandoned. Your decision as to which one, should be made in accordance with the results which will allow you to foreclose in Small-claims court. If the circumstances of your County make your lien better suited to attach to real property then you need to attach the legal property description to the Claim of Lien as opposed to the Warranty Deed. (If this is the case ask for the H4F Real Property Template). Look up town/city/state code/law regarding abandoned property & what constitutes abandoned property. Make sure your timing of noticing and allowing for responses are in alignment with the amounts of days the code/law allows to be deemed abandoned. Also see state code on security agreements if you’d like to add any to your notices. -Once you find the right property, note the mailing address and go to your County Recorders office to find the appropriate Warranty Deed associated with the property or visit the County Recorder online - some counties may have a copy of the Warranty Deed uploaded to their sites -Notice the homeowner or the last known owner of record (whoever the Grantee on the Warranty Deed is) of your intent to perform a service and to collect on the payment for the service (the service should be consistent with the State laws and/or City Ordinances of your locality) i.e. property maintenance -Give them due process: Notice them and give them time to respond within the customary timeframes established in commerce. Create a security agreement/contract, gain authority to lien the property via tacit acquiescence which perfects the security agreement. The non-response constitutes the agreement to the terms of the contract (the security agreement is thus created by operation of law). Traceably Mail USPS and Post the Notice of Intent on the door at the physical property. -With no responses and your perfected Security Agreement now in place, go perform the labor such as cleaning up the lawn and fixing the broken windows or whatever is described in the Notice of Intent you will send. The completion of your duties as set forth in the security agreement gives rise and authority for you to file your lien. - Upon work completion, send a Bill/Invoice to the homeowner. If he/she/they fails to pay you then he agrees and consents to your attaching the Warranty Deed as collateral to secure the debt under your Security Agreement. Sending the bill to the premises completes the process. Components of an invoice are: request for payment due for your services, a small itemization of the work items performed, the date in which you expect to receive payment and the date the invoice is issued. Two weeks from the completion of the labor may be sufficient. SEE BASIC INVOICE TEMPLATE for a sample. -File a Claim of Lien in the county recorder's office to secure the property (on your lien, list the Warranty Deed (personal property). -Issue and enter into the small claims court your NOTICE AND SUMMONS, your AFFIDAVIT FOR FORECLOSURE OF LIEN, your APPLICATION AND WRIT OF POSSESSION, and your ORDER. Remember to alter these documents according to the court rules of the small claims court you’ll be bringing action in. Sometimes the court even provides its own sample templates for you to use. Proper procedure is a necessity for results in your favor, be sure to check the court rules on the paperwork. *Why the separation of the Warranty Deed from the Real Property: Some counties will require all foreclosures that have a collateral interest in real-property to be handled in Superior Court. If this is the case then you want to list the Warranty Deed (personal property) as the collateral, so that you can foreclose in small claims court. The venue will vary based on your claim amount. You want to foreclose on your lien in a small claims court, so keep the amount of the claim in alignment with the maximums and minimums of the venue. MASTER KEY AND ACCOMPANYING DESCRIPTIONS PERSONAL PROPERTY i.e. WARRANTY DEED = the one serving notice on the homeowner(s) and making a claim, the agent of the trust = name of the trust = phone number of the claimant = mailing location for claimant or the presenters mailing information. I.e John Doe, XYZ Street, Grand Rapids, MI 98767 OR John Doe c/o Mary Jane Smith Presenter/Acceptor c/o 1234 Woods Ave. Oak Park, OH 12345 = State the claimant will see the notary in = County the claimant will see the notary in = The last owner of record, the Grantee on the Deed, the party or party or parties you are serving notice upon. = the address of the vacant property = state of the vacant property = county of the vacant property = state law/code on security agreements = state/county/town code/law/ordinance regarding property maintenance = Deed recording information the book and page where it is located in the county record = Date Deed was recorded - see county record = time deed was recorded - see county record = Date Deed was recorded - see county record = time deed was recorded - see county record , = the county the warranty deed is recorded in = state county clerk is in = description of the work to be completed = The day your last notice(s) are served on the homeowner(s) = date the work is completed = the date the bill for services is due = the amount charged for the services = traceable mail number = Claim of Lien recording information, the book and page where it is located in the county record = the amount of days after completion of the work and up to making the claim of lien. 60 Days or check local ordinance and/or state code. = Name of small claims court you are entering evidence and documentation into = State of small claims court you are entering evidence and documentation into = County of small claims court you are entering evidence and documentation into NOTICE OF INTENT Dear , You are receiving this notice because you are the registered owner and Grantee of the property (Warranty Deed) on the record in dated which makes you responsible for the maintenance and upkeep of the home and premises referenced by the address below. Although this home appears to be vacant you may still be responsible for maintenance and upkeep of the yard and the premises. Furthermore, it is unlawful to leave litter on any public or private property within the State of , as doing so may subject you to enforcement actions with , agrees to perform the following work items to bring your property within good standing. If we do not receive your response by and no action is taken to bring the premises into good standing, then by your tacit acquiesence we shall assume the house and premises is vacant, and by this agreement we shall move to complete the work items listed herein on

Yours Truly, _________________________________

Statement of Understanding Labor is provided by upon condition of repayment. The failure to pay for the work provided, constitutes your acceptance and understanding that a lien will be filed against the above mentioned property as collateral to secure the debt incurred. After Recording Mail to: CLAIM OF LIEN The undersigned claims a lien for , against the property of , known as the Warranty Deed, further described as: WARRANTY DEED of which is recorded in , on , at , being established on by as Grantor and as Grantee, as collateral for the satisfaction of debt now due as of , by lien debtor , for in accordance with lien claimants security agreement; And now, within , days after completion of the work, the undersigned records this claim of lien in the office of the clerk of , , and certifies that the owner has been sent a copy of this claim of lien by This claim of lien expires and is void 395 days from the date of the filing of the claim of lien if no Notice of Commencement of Lien Action is filed in that time period. State of County of I, , being duly sworn, affirm and state as follows: I am the claimant above named; I have read or heard the foregoing claim and know the contents thereof, and believe> the same to be true and correct and that the claim of lien is not frivolous and is made with reasonable cause, and not clearly excessive under penalty of perjury ______________________________ State of ) ) ACKNOWLEGEMENT County of ) The foregoing instrument was acknowledged before me this __________ day of __________ in the year _________ _________________________________ Notary Public's Signature My commission expires:_________________________ IN THE STATE OF ) ) Plaintiff ) ) Affidavit for Foreclosure of Lien vs ) ) Civil Action no: ) ) _____________________________ Defendent ) ) in rem ________________________________________________ AFFIDAVIT FOR FORECLOSURE OF LIEN (one leaf) Personally appeared, , by and through it's agent , who being duly sworn, before the undersigned officer, duly authorized to administer oaths, deposes and states as follows: 1. Plaintiff as secured party pursues an enforcement action against lien-debtor pursuant , to foreclose on it's lien for against the lien debtor for labor performed on premises of debtors address. 2. Pursuant to the Plaintiff's Security Agreement the personal property of the lien-debtor subject to WRIT OF POSSESSION is described in the attached CLAIM OF LIEN, duly recorded with the , in as evidenced in Exhibit A. 3. The last known registered owner and lien-debtor of the property is of . 4. The Plaintiff has made demand to said lien-debtor at the last known address for the amount due and said lien-debtor has not responded and did not pay the amount due. 5. Plaintiff affirms the lien-debtor whereabouts are unknown and reasonable effort has been made on good faith to locate . WHEREFORE, Plaintiff makes this affidavit for the purpose of foreclosing the lien upon the above described property and prays that execution issue for the Total Due: Amount due for work done and materials furnished $________ Court Costs $________ Total Due $________ Respectfully submitted, ___________________________________ , Agent for Sworn and subscribed before me this ______day of _____________________, 20______. _____________________________________ Notary Public's Signature My Commission Expires:_______________________ IN THE STATE OF ) ) Plaintiff ) ) Foreclosure of Lien vs ) ) Civil Action no: , ) ) _____________________________ Defendant ) ) in rem ________________________________________________ NOTICE AND SUMMONS TO THE ABOVE-NAMED DEFENDANT: You are hereby commanded and required personally or by attorney to file with the Clerk of the , of , within (7) days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or legal holiday, then and there to answer said affidavit in writing or orally. (Mailing Address or file in person at ADDRESS.) If the Defendant(s) fails to on or before the seventh day from the date of service, the Defendants(s) may reopen the default as a matter of right by making answer within seven (7) days after the date of the default notwithstanding the provisions of to answer on or before the seventh day from the date of service, the Defendant(s) may reopen the default as a matter of right by making an answer within . If the seventh (7) day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is not so made, a writ of possession shall issue against Defendant(s) as by law provided, pursuant to Plaintiff(s)’ affidavit. Witness the Honorable _________________, Judge of _____________________________ Court, This ________ day of ____________________, 20___. _________________________________________ Magistrate/Clerk/Deputy Clerk/ IN THE STATE OF ) ) Plaintiff ) ) Application and Writ of Possession vs ) ) Civil Action no: , ) ) _____________________________ Defendant ) ) in rem ________________________________________________ APPLICATION AND WRIT OF POSSESSION The above and foregoing action comes for answer of Defendant, and after seven (7) days the answer having not been made, application is hereby made to the Court for the issuance to the Plaintiff of a Writ of Possession as provided by law. This________ day of ____________,20____. _______________________ TO: THE MARSHALL OF SAID COURT OR HIS LAWFUL DEPUTIES AND TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE OR THEIR LAWFUL DEPUTIES AND ALL LAWFUL CONSTABLES OF SAID STATE: WHEREAS, the Plaintiff has been adjudged entitled to recover from the Defendant the possession of certain personal property, the description and location of which is as follows: Deed (Warranty Deed) on record in ORDER The above and foregoing have been read and considered as by law provided, it is hereby ORDERD AND ADJUDGED that a Writ of Possession issue: Therefore, you are hereby ordered to levy the aforesaid personal property at the option of the Plaintiff to either surrender said property to the Plaintiff in retention or disposition, or advertise and sell same as in the case of levy and sale under execution as by law provided. So ORDERED this __________day of _________, 20____. ______________________________________ Judge, Magistrate of IN THE STATE OF ) ) Plaintiff ) ) Foreclosure of Lien vs ) ) Civil Action no: , ) ) _____________________________ Defendant ) ) in rem ________________________________________________ ORDER A writ of possession having been issued against the defendant for personal property to be foreclosed upon, it is: ORDERED that the defendant or the party in possession of the property specified in that writ of possession be and that person is hereby directed to turn over to the sheriff, marshal, or constable of or his lawful deputies, or to any sheriff, marshal, or constable of this state or their lawful deputies, the (describe property), instanter, or advise said officer of the location of the property if the same is not in defendant’s possession. SO ORDERED, this ______ day of ______________, 20___. ____________________________ JUDGE