I know you hear this question all the time, but I’m a customer and this company put a mechanical lien on my house, they start on 08-2020 and still haven’t finished the job, when it supposed to take 4-6 weeks the most, but the secretary keeps saying they did, but my house is not the same at it supposed to be, about payments they receive about $16000 from a $32000 project, the rest my mortgage company have it, because they are releasing funds according to the job perform, the company finish some projects and my mortgage company was asking for the contract sign by the contractor, but they never send it till end of January, finally they release the first payment, and this happen not because of me,(costumer) but because they did not send the correct papers on time, so I know you talk about the rights of the contractors but what about my rights, why they out a lien on my house and expect me to pay for filing fees, when they are the ones never turn papers on time
Hello,
The answer is to your question is to sit down with them and figure out what has not been paid and what remains to be paid. Get them to sign an Unconditional Lien Waiver on Progress Payment (the exact name of the document) for any payments they have received. File those papers with the county clerk in the same office the lien was recorded in the first place.
You can negotiate paying their filing fees, if you want. Further, they cannot add filing fees to the amount they are claiming in their affidavit of lien. Watch for this.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com