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Can restoration company put lien on home in middle of negotiating with insurance company on price?

California

I am a homeowner in California. Our insurance company is in the middle of mitigation with a restoration company on their price they charged. This has been going on for 5 months of back and forth through emails with the two parties negotiating a price both are willing to settle on. The restoration company today threatened to put a lien on our home saying nothing has been settled yet. Here is where it gets even more complicated: I received a phone call a few weeks ago and have been in contact since with a special agent from the NICB who is investigating the restoration company for over charging clients and there are currently over 400 persons who have been over charged from the restoration company putting astronomical costs on their goods and services and then using scare tactics to collect payment. What should I do considering there is a case being built on the restoration company and the NICB waiting to see if the DA will proceed with the case? Thank you

2 replies

Jul 22, 2022

Are you already represented by an attorney? Your question says "mitigation," but I am wondering if you meant "litigation." If you already have an attorney, this is a question for them. If not, you should hire one immediately. I do a lot of insurance work and can tell you there are no simple answers in a situation like this.

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Jul 22, 2022
Thank you for responding. I am not represented through an attorney yet. The reason for the word “mitigation” is due to the claims representative handling this portion of insurance currently is part of the mitigation unit. The restoration company is completely unaware that there is a case being built against them and awaiting the DA to take it on so I am trying to use this to my advantage for the observe cost being charged while balancing not having collections or a lien posed against me. If I hire an attorney that would be more of a cost to me in the long run; or can I incorporate attorney fees in my lawsuit to help recoup the cost I am incurring? Thank you.
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