placed a lien on a property (2080 Waters Edge). Levelset did the research on the PIN & legal description. Title Co closing another property (2068 Waters Edge) said the lien comes up when they search the property (2068) due to the legal description. Levelset is adamant that the legal description is correct for 2080, title co said it belongs to 2068. Title co wants a release of lien for 2068. If I release the lien using the document # for 2080 and refile the lien the same issue will occur due to the legal description. Due to this issue the title co will not release funds to the builder for 2068 (which we did not lien). I need help on how to proceed. How can the legal description be one address and the PIN belong to another address? HELP !!!!!
You filed a lien on property in which the legal description was wrong, but the PIN was correct. It sounds as if you should be able to amend the legal description in your existing lien, resulting in an Amended Lien that relates back to the filing date of the original.
That said, there are obviously numerous issues that you could not have covered in this forum, so more factual research is needed. Knoweldgable construction counsel would reach out to the title company to confirm the details before doing anything.
Remember, if you release a lien for any reason you risk filing the "corrected" lien outside the statutory lien period, invalidating it. Even if the lien is refiled within the statute of limitations, another lien may have cropped up in the interim, taking precedence over your claim.
In other words, there are ways to fix this, but proceed with caution before taking any action. I hope this explanation was helpful. Best of luck!
This is not uncommon; sometimes the developer or title company will use the property description that’s larger than the actual hiring parcel; etc.
I would have to see the specific lien and description, but usually this is something that would have to be worked out directly with the title company.
It might be worthwhile to have an attorney review the lien, description, deeds, and to negotiate with the closing company.
How much is the lien for? That would determine whether it is worth bringing an attorney into the mix.
Looking forward to your response,