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Old 05-22-2009, 05:22 AM   #16
JMW
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Quote:
Originally Posted by Redster View Post
Actually in most cases that contractor would be able to put a lean on your house BUT when something like that is done within 60-90 days the contractor has to prove to court why the lean is there, amounts etc. so in many cases they never get to that part and the court would then just remove the lean.

It might now make much sense but imagine I hire you to do some work on my friends house, you do the work, I get the money to give it to you but never do...your work is still done, that house has a new paint, bathroom (whatever) so you can put a lean on the house.
X 2 you beat me too it, don't feel like typing, have to revise all day for a property law exam actually haha
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Old 05-22-2009, 12:19 PM   #17
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We had this happen. Leans dont matter unless you're selling the house. We were in the same position (worker made a lean against the house, cause contractor didn't pay him).

We told him we never paid him, or told him we were gonna pay him, or gave him any reason to think we would pay him. That's the contractors job. He waited 2 months and dropped it before the deadline.
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Old 05-22-2009, 12:39 PM   #18
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no bearing on interest...

Here is a good explanation:

A lien is a hold on property to satisfy a debt or other obligation. For example, the seller might have agreed to place a lien on the home in order to obtain financing to purchase the home. Usually, you can't sell a home unless the seller's mortgage has been paid off.

A lien on real property can also result from a debt of the property owner that is not directly connected to the ownership of the land. Examples include:

Unpaid federal and state taxes, such as income tax and sales taxes, can become a lien on the taxpayer's property if the taxing authorities follow certain procedures
In some states, unpaid child support may be a lien on real property
Also, unpaid homeowner's association fees can result in a lien on the property that usually must be paid before the property can be bought or sold
If an owner fails to pay a debt, and the creditor goes to court and obtains a judgment, the law usually permits the creditor to file a lien on the property. The creditor may then be paid by either:

Foreclosing and forcing a sale of the property to satisfy the debt, or
Waiting until the debtor sells the property. If the debtor sells the property without satisfying the lien, the lien can't be taken off the record. It may still be satisfied by a sale of the property, even after it's been sold to you.
When you improve the property, a worker or business supplying services or building materials for the home or property may have a mechanic's or materialman's lien to ensure payment for the project. Examples include repair services, or products and services provided for maintenance or remodeling of a home. In some states, professionals such as architects, engineers and surveyors may be entitled to put a lien on the property for their services.

The laws governing the rights of contractors to place a lien on real property vary greatly from state to state, but they usually share some basic features:

The contractor has the right to file a lien claim or notice of lien when payment isn't made for materials or services provided for the improvement. The claim becomes an "encumbrance" or lien on the property
In some states, the contractor is required to file a notice of lien prior to commencing work on the property or supplying materials. Typically, the time for filing a mechanic's or materialman's lien is 60 to 90 days after work has been completed and not paid for
Generally, a bank or other mortgage lender will not give you a mortgage to buy the home until all of the liens have been paid.
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Old 05-23-2009, 02:09 PM   #19
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you can try and obtain a lien bond (to lift the lien), but it is highly unlikely you are going to get one without providing 100% collateral (lien bond amts are 125% of the lien, 25% being for court costs, subject to a max of $50k). having said that, unless you plan on selling, there's no real reason to have the lien vacated. on construction projects, if a lien is filed on a job, it's stops the flow of the contract funds from the owner, but in your case, this wouldn't be a concern.

the other way you could have prevented this would be to have your contractor provide performance and payment bonds, but this rarely is an option on residential construction...
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Old 05-23-2009, 03:09 PM   #20
EstorilM3
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"...We payed the contractor and completed our end of the contractual agreement with the contractor. Payed him, everything is signed, etc, we have all the paper work..."

Heard of Holdback?
I guess not.
Get LEGAL advice or you may be sorry!
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Old 05-23-2009, 09:44 PM   #21
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Quote:
Originally Posted by EstorilM3 View Post
"...We payed the contractor and completed our end of the contractual agreement with the contractor. Payed him, everything is signed, etc, we have all the paper work..."

Heard of Holdback?
I guess not.
Get LEGAL advice or you may be sorry!
Holdback's wouldn't make a difference here. The holdback must be released upon completion of the job, and that is what happened. Unless you specify that a 90 day holdback will be held and the contractor agrees, you cannot keep a holdback past the completion date. 90 days also happens to be the maximum legal holdback period (not generally practiced)
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