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can you put in deposit money amount put in to purchase land

in the lien can you put in monies used for a deposit on the land. We are co owners of the property without our name on the deed. we are also the general contractors and have been told to leave the site. i add these 7500 amounts to the lien but realize it may not be a legal amount as it is not general contractor money.

3 replies

Jul 23, 2021

Good morning. The lien is related to work or furnishing laborers or materials for the construction, alteration, improvement, addition to, or repair of a structure or a land improvement. Generally, the holder of real estate rights does not have a lien right so the deposit funds should not be a lienable amount, I believe. I very strongly advise that you contact an attorney as to the dispute because as an equitable owner you may have partition rights and other options. Your attorney can advise on this and attempt to resolve this matter.

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Jul 24, 2021

Hi robert

One more question. If this company took monies from a job in cash and did not deposit it to our account, can we add this to a lien?

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Jul 24, 2021

Hello. Generally, no, but this is so vague it is impossible to say. There may be other options depending on the facts such as trust fund or the like, but that is impossible to know without many more facts and a review of the relevant issues and materials. Then an attorney can provide advice on this and your options related to the deposit.

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