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Company put a lien on my property becauae i filed a complaint with BBB for the bill

I signed up for a flat fee listing company to sell my property when i got a offer the owner tied to negotiate with out my knowledge and when he tried to charge me 1176.00 i told him i would not pay him for something i didnt ask for so he threatened a lien..then i contacted the BBB and made complaint he found out and filed a 10.360 lien on my property a( hes a attorney) and his wife is a realtor they own listingly..anyway the BBB said that his threats about putting a lien on my property for filing a complaint is so illegal..and he says if i dont remove complaint he will not remove lien ..i lost my sale becauae of the lien he filed. .plus he wont take my property off the market after i told him too a million times and i also offered him a settlement for half of bill because he wont give me a idemized bill ..HE HIS HIJACKING MY PROPERTY ..the bbb case manager wants to tell him that she knows about the threats and the lien but this guy is a attorney and i cant afford 10,000 to a attorney she told me to complain to state attorney and dept of professional regulation ? What should i do? Thank you

3 replies

Apr 20, 2020

An attorney or business filing a mechanics lien for listing the property for sale would be invalid and unenforceable. Mechanics lien claims are available to those who have performed work which permanently improves the property (generally, construction work). And, if the property wasn't physically improved by the work in a permanent fashion, then a mechanics lien is inappropriate.

Fighting a Florida mechanics lien claim

At least to some degree, a Florida owner can put pressure on a mechanics lien claimant without hiring an attorney. By filing a Notice of Contest of Lien with the county recorder, an owner shortens the effective timeframe for that lien. Typically, a Florida mechanics lien claimant will have up to a year after filing their claim to proceed with a lien enforcement lawsuit. But, if the owner files a Notice of Contest, this is shortened to a mere 60 days. Meaning, if the claimant doesn't file a lawsuit to enforce the lien within those 60 days, then their lien will expire. So, it's sort of like a game of chicken daring the claimant to proceed. When there are obvious flaws with their lien, that might be a useful option. Obviously, there are other ways to combat a lien claim, including using an attorney. Levelset discusses some of those here: A Mechanics Lien Was Filed on My Property – What Do I Do Now? As discussed in that article, bonding off the filed lien will be one option - and that would likely be significantly cheaper than a lawsuit. Though, if the claimant does proceed with a lawsuit to recover from the bond, then the owner might end up paying the claim anyway. As a bit of an unofficial option, drawing up a letter identifying flaws with the lien claim and threatening to take legal action and/or to bond off the lien could be useful. Additionally, threatening to make complaints (or actually doing so) with the Florida Bar Association and with the Florida attorney general's office could be useful, too.

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Jul 9, 2022

Anonymous contractor, please tell me what you did and how this was resolved. The same thing with same people is happening with other people

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Jul 11, 2022

Thank you for your answer. An attorney or business filing a mechanics lien for listing the property for sale would be invalid and unenforceable. free solitaire

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