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Can they take a lien with a loan when nothing has been rendered or furnished

North Carolina

Hi ... My dads house needed his roof repaired so he can stay in his home as he is home hospiced so I contacted home advisor in July 2020 and they sent me a roofer on July 17... He then offered i could get a loan so I jumped on getting it for dad but it was put in my name . the contract i signed as I have poa for dad even though its dads house I just want to make sure he can stay in his home so i offered to help dad has horrible credit ... The agreement was to do the roof asap and within 4 to 6 weeks and finished by August .... They never called or showed up so a group that helps keep elderly folks stay in their homes was reached out for and they said they would repair the leaks and he should be fine to remain in the home ... Well 2 weeks went by and now roofer is threathening to follow through with loan to take the money even though he did no work or satisfy the contract within the time frame . can he really continue through with putting lien on house with the home loan even though he did nothing and force me to pay for no roof or nothing.. I called loan place and they said they would try to contact the roofer /dealer ... I was trying to help my dad and im getting stuck in middle of a nightmare it seems ... Any advice

1 reply

Sep 11, 2020
A contractor has a right to file a mechanics lien if the property is improved and the contractor isn't paid for that improvement. In other words, it is highly unlikely that a contractor can file a mechanics lien if work was never performed or there was no improvement to the project made. Most states allow contractors to file a mechanics lien for the value of their improvements to the property. It is likely you can be further assisted by a North Carolina construction lawyer.
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