Posted by Phil Pelletier on December 28, 2005 at 13:57:14:
You can record a poem written on a napkin against Real Property, as long as the instrument signature is notarized. Simply create a simple and non threatening agreement for her to pay you X amount of money upon the sale of her home located at 123 Main street. Have a Notary there “as a precaution against any misunderstanding”. Don’t mention anything about recording the note against the house. Simply hand her a copy and part friends. Then go right down to the records department, hand them their $8 and have the n agreement recorded into the public record. The title company will send you a check before closing escrow on the house. She might even be snickering to herself as she is signing her documents to close the sale that she “failed to pay you the money she owes”. Not to worry. The title company will send yo a check and she will be completely unaware that it is happening.
The notary is a powerful tool if you use it right. Remember, don’t tell her you will be recording the agreement. She will be more likely to sign the paper that way. Just an “agreement between neighbors”.
Good luck,
Phil