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Affidavit of Lien

I purchased a home 10/26/18; Affidavit of Lien filed on property records 12/13/18; Notice of Certified Letter Sent on 12/13/2018 - went to post office to pick up on the 17th. This is a subcontractor who provided "building materials" on a home that was being flipped. First date of service 8/31/18; last date 9/18/18. The General Contractor did not pay the subcontractor. The previous owner was in contract with the general contractor, whom paid the GC. I am an innocent party and did not receive notices, nor was owner at time. Best approach to handle situation. Affidavit is incorrect in stating they sent me notices, company has yet to provide these notices.

1 reply

Dec 26, 2018

I'm sorry to hear about that - it must be horribly frustrating to run into an issue like that on a newly purchased home. Before getting too far, this article might be a helpful resource for you: A Mechanics Lien Was Filed on My Property – What Do I Do Now? Anyway, it's worth noting that is a lien claimant has abided by all relevant requirements and deadlines (including, potentially, those for filing a lien against a homestead) - it's possible that a third party could get caught in the crossfire where a previous property owner and/or GC has failed to make payment. Now, that doesn't mean the previous owner or GC is off the hook - and, potentially, a property owner will be able to bring those parties into the fold and have them make payment for the unpaid debts. Considering a mechanics lien is such a potential threat to the property title, and considering a lien is often an indicator that suit will be filed to enforce the lien and recover the debt, it'd be wise to reach out to a local construction or real estate attorney, have them review the situation, and provide advice on how best to proceed. They will be able to more closely review the lien claim for accuracy or potential clerical errors as well as other relevant documentation, which could play a huge role in how to approach the dispute. Further, they will be able to provide further analysis on how to bring the former owner and general contractor into the lien dispute to force them to make payment.

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