legal question

[look 171]

Some of you may remember, last year a good friend's sister screw me out of several thousand dollars for some work We did on her new house. I lien on the property hoping to recoup some of our money. 120 days is coming and I get a phone call from her lawyer this morning asking me to remove the lien. I said no unless she pays me my money and they need to contact my lawyer. Now, what can they do to me? the better question is, what's their next step? I have nothing to lose? more then 20 years of doing this crap and never a problem, now a good friend's sister is the pain in my azz.

[schamp]

Stand tall. Telling him to call you attorney was the best thing you could say. Also ask for you attorney's fees. I find it amazing how some attorneys think they can bully people. Your friend (not his sister) will be the next call you get. Tell him to stay out of it. Good luck.

[wdfifteen]

What did he say when he asked to remove the lien? Did he give you a reason?

[asphaltgambler]

hold firm - you have all the leverage, they have zip. Kinda like owning a $250K Lambo and there is a lien on that title. Worthless property to anyone else until the liens are released and then the 'clean' title is issued.

The amount should include interest and fees as well.

[flatbutt]

I wonder if she's trying to sell the house?

[john70t]

You could take it further: credit bureau, 1099, court, but I suspect you're just trying to get it resolved.

Sounds like she might be selling, but you may not be first in line.

[944Larry]

In Florida, she can't sell the house till the lien is satisfied. Could be like that everywhere.

[Bob Kontak]

This link says when the homeowner refuses to pay the courts will force the sale of the home.

"At this point, the property owner is encouraged to pay the contractor for work performed on the property. If the property owner refuses, court proceedings will be initiated to sell the property owner's property so that the contractor will get paid for services rendered."

How Does a Mechanics Lien Work? | eHow.com

[Bob Kontak]

Originally Posted by 944Larry

In Florida, she can't sell the house till the lien is satisfied. Could be like that everywhere.

That is universally what a lien is.

Each lien holder has a rank in the pecking order and I do not know where a mechanics lien falls as to it's subordination.

[RWebb]

is the lien "perfected"?

also, his atty can no longer call you & must now call your atty., who of course will charge you for his time to talk to the other atty.

be sure it is worth the overhead

Good Luck

[Superman]

Originally Posted by RWebb

is the lien "perfected"?

also, his atty can no longer call you & must now call your atty., who of course will charge you for his time to talk to the other atty.

be sure it is worth the overhead

Good Luck

Yup. Perfecting the lien and filing renewal or refreshing documents may be necessary to protect your lien.

It sounds like your lien is "working" in this case, since her attorney is trying to get the lien removed. I hope you get your money.

[look 171]

Originally Posted by Superman

Yup. Perfecting the lien and filing renewal or refreshing documents may be necessary to protect your lien.

It sounds like your lien is "working" in this case, since her attorney is trying to get the lien removed. I hope you get your money.

I didn't know that I had to renew it. I thought once you file it is good until you get your money.

This one is not about the money.

There is nothing they can do to me, right? their objective it to get it remove, they can't counter sue me can they? Lawyers can come up with strength things.

[944Larry]

Originally Posted by Bob Kontak

That is universally what a lien is.

Each lien holder has a rank in the pecking order and I do not know where a mechanics lien falls as to it's subordination.

They call them labor liens here. They're the first paid. I know a guy that held up the opening of a Walmart because he hadn't been paid. They came across with the money real quick them

[LeeH]

We used to do it all the time when we owned our contracting business. There was a company in Atlanta that would file liens very quickly and for very little money. Funny how fast a builder would show up at our office with a stack of cash when their closing got held up.

[McLovin]

liens on real property are generally perfected by filing.

it sounds like you filed the lien - that's how the lawyer found it.

she's trying to refinance or the house, that's why this is coming up.

some types of liens don't need to be renewed (like a mortgage lien), others do (like judgment liens or mechanics liens).

for the ones that need to be renewed, states vary quite a bit on how long they are good for. judgment liens can be good for 10 years or more without renewal.

Mechanics liens may need to renewed yearly.

sounds like you had a lawyer involved. if your lien was not renewed, hopefully it was on his watch!

[McLovin]

Originally Posted by look 171

There is nothing they can do to me, right? their objective it to get it remove, they can't counter sue me can they? Lawyers can come up with strength things.

they could sue or countersue you.

they'd claim that she doesn't owe you anything, your lien is baseless, and you are putting an improper "cloud" on her title.

not saying they'd win, but pretty much anyone can sue anyone for anything.