I own a restoration company and the client signed with me but have made all payments to the sub and have done additional work on the house. They want to sell the house(I believe it's listed with insurance as secondary residence) and it has no mortgage as it's paid off. Will I get paid to satisfy lien or does it roll to next buyer?
Hi Casey,
First, if you are relying on a constitutional lien, even though the protection is automatic, I reccomend getting a lien affidavit on file as soon as you can.
Secondly, the sale will not eliminate the lien. However, the seller (i.e. owner that contracted with you) could purchase a bond to remove the lien from the property and allow the sale to take place. Often sales situations are where contractors have their greatest leverage against owner who fail to pay.
Don't hesitate to reach out to myself or another construction attorney directly to better understand your full range of legal options.
Very best,
Ben House
281-762-1377
ben@houseperron.com