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What right does a relatives boyfriend have to put a lien on my bank mortgage or house?

Kansas

Essentially, I made an arrangement with my sisters boyfriend. They needed money for plumbing in their home, and we needed our house finished painting. Long story short, he never finished painting our home, and what he did paint didn’t meet the transparent directions we left for him. He also didn’t meet the deadline as clearly directed, and my husband and I delayed putting our house on the market twice because they didn’t finish in time. He has still not finished the job. Our realator showed the house 53 times and 53 complaints, and turn offs because of the interior paint job. We brought this to my sisters boyfriends attention, and simply asked “can you fix this?” He snapped and sent threatening, slanderous text messages, phone calls to me, my husband, realator and carpet installer. We asked him to stop, and has yet to do so. It has gone so far that he’s threatened to “fuck up our property.” We have phoned the police about this. Our realator is the one who informed us of these calls to her and “putting a lien” on our house and bank mortgage or account. I don’t know he has stayed he’s going to get paid. Furthermore, no one said he would not get paid, but what can my husband and I do with this particular situation? I’m afraid he’ll destroy our property, put a lien or some other Henderson e for us to be unable to sell our house. Please call me at(913) 206-2097. I look forward to hearing from you. Ambrosia Katherine Kretsch

2 replies

Aug 20, 2019

Mechanics liens are only available to the extent that work is performed but unpaid. So, if there's no outstanding payment, a valid and enforceable mechanics lien could not be filed. Note also that where a mechanics lien is available, that lien will merely attach to the project property - and not (directly) to a mortgage or bank account. Though, a mechanics lien filing could create some tension with a mortgage lender and put the property title in jeopardy. Regardless, considering the threatening nature of the contact you described above, it sounds like reaching out to the police was a good idea. To take things a step further, it may also be helpful to reach out to a local attorney and have them draft a letter requesting the claimant cease with threats against the related individuals and property. Practically speaking, in order to keep the property safe and free of liens so that it can be sold, it might be a good idea to do whatever it takes to resolve the issue in the short term. And, if necessary, claims might be made later on after the dust has settled and the house has sold. After all, the sale of a house is a huge undertaking and has massive financial implications - so, paying to have the work repaired by a professional and resolving the current threat to the property (by whatever legal means seem appropriate) may be worthwhile. In terms of official actions that can be taken to prevent a lien filing, a property owner can always secure a payment bond in order to fend off potential mechanics liens. Though, payment bonds can be expensive - so, it might not always be worthwhile. Further, an attorney letter that specifically sets out why a lien claim would not be appropriate and warns a potential claimant not to file a lien claim could help, too. Considering the potential liability that comes along with an improper mechanics lien filing, this could be effective to fend off a potential lien. Of course, if you're uncertain on how to proceed, reaching out to local counsel might be a good idea. They'll be able to review all of the relevant communications and circumstances and then advise on different options for proceeding. And, while attorneys aren't cheap, it might be worth it if a consultation would facilitate the sale of property. In addition to the above, here are some resources I think might be helpful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now? (2) Kansas Mechanics Lien Guide and FAQs

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Apr 14, 2021

That lady is lying she needs to handle business professionally and liens won’t happen.

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