I am a homeowner and victim of hurricane Ian. My public adjuster referred a mold mitigation company who would not give any estimate of services or a bill of services provided for nearly 6 months. They do not have a license to mitigate or assess mold and only one of the marital parties signed the contract. Today, I learned that they placed a lien on my home for $77,000. The lien states that my husband signed the contract, however the contract provided does not have his name or signature anywhere on it. He definitely never signed it and I only recall signing 1 page. I have found 19 other victims of mechanic liens by this unlicensed company. I intend to report them for unlicensed activity and to notify the other 19 victims, however since the home is owned by the Entirety and they contracted with only 1 spouse, can I immediately have this mechanic's lien removed from my property? Thank you
This forum is for contractors to ask questions about collecting debts. I can tell you that generally, Florida's Construction Lien Law allows for a contracting party to pledge the credit of a spouse for labor, services and materials provided to jointly owned property. Thus, a lien can attach under those circumstances without your spouse joining in the contract. This is a very serious matter so I recommend that you consult with a lawyer right away.
I apologize for posting in the wrong forum but I don't see a way to remove the post. Thanks for your input.
Tenancy by the entirety means that each of you owns the entire house and that you can each sign contracts without necessarily having the other party sign.
If no work was done, then the lien is fraudulent by law.
If they are unlicensed, you may not owe them.
Contact a construction law attorney.