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Bonding Off Lien Questions
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Bonding Off Lien
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We are a general contractor that liened a property in NY. The lien was bonded off. We have now been paid. How do we discharge/release the lien?
New YorkThey are closing on the house today. I was scheduled to pick up a check & sign the release. I received an email yesterday from the title company, that said after running a “pre-closing gap”, they show the lien has already been paid. I pull up the filing & see that cash was with the Oklahoma County Clerk for the purpose of discharging the lien. I cannot get the clerks office to tell me what the next step is for me to receive the funds. How can a lien be released if I haven’t been paid?
OklahomaSo here is our scenario...
We filed a Mechanics Lien & a Bond Claim on a property that is "Bank funded". We filed both because this GC isnt great at communication and we wanted to be sure there wasnt a bond.
well...the GC is mad and said this "Needless to say, we are working with the client to get all the paperwork in order. If necessary your lien will be bonded around so your effort to perfect will be pointless"
We have already started to process of perfecting the lien. The project itself is still in process. What is the best way to go with this?
CaliforniaHello - question; we are a general contractor, who contracted a cabinet subcontractor for a residential project. Have been trying to for 6-8 weeks to get sub back onsite to finish cabinets, as not complete/onsite and many outstanding corrections. Sub has placed a lien and stop notice and is demanding payment of invoices (which would equal 97% paid) of contract balance, there is excessive outstanding cabinet corrections, missing cabinets and incomplete finish carpentry. To date have paid 86% of subcontractor contract.
$796,112.78 Total Contract
$682,395.00 Paid to date
$113,000.00 Balance
$78,000.00 Approved bank funds, HOLD/not paid due to non-performance
$26,000.00 Balance (apprx)
$80,000.00. Demanding pmt of :
$110,000.00 Per contract outstanding work/cabinets not completed equal
If we hire another sub to complete just corrections only, $38,500.00.
Lien has stopped all funding project. Cannot pay other trades currently. Tried all avenues to come to terms, perform or quit, partial pmt, progress pmt, will not meet to review pickup list, requested schedule for completion. Only feedback is demand to pay invoices. The lien/stop has not recorded at this time. Client has engaged a lawyer (non Construction) to pressure to resolve legally. What can I do to resolve or pushback to sub to completed/get project completed, and/or release lien/stop notice.
Lien/Stop notice filed in vengeance, as substantial outstanding work, sub not workable to agreement. Holding up entire project. Thank you for your assistance.
CaliforniaI have a project in Seattle, WA. I'm managing for my ill brother and his wife. They are owners who occupy the home. The project started in Aug, with a projected completion date of October. The final work was completed last month - 6 months after it started rather than the 2 months projected. As a result, my brother had to relocate to a hotel for months at considerable expense, while we waited for the project to be completed.
Now that the work is done, and I'm negotiating with the contractor about the size of his final payment, he's threatening to put a lien on the property. No preliminary notice was provided, and a lien is not mentioned in his contract.
Can you still put a lien on the house?
WashingtonI signed a Promissory note for a loan $25k. To get house in condition to sell. The house didnt sell and the guy put a lien on my home and now is demanding i sign over the house to him to settle the debt and has filed a forclosure on loan. If i refinance my home in Kansas and mortgage company pays off the lien, can the lien holder still foreclose on the loan? What happens with the lien foreclosure suit?
KansasAs the general contractor on a completed project we are in dispute of a subcontractor who double billed for their work in Washington on a mailbox center in an apartment complex. The filed a mechanic's lien on the property, so both their's and our attorneys have been trying to get the subcontractor to see reason. In the mean time the client wants us to bond around the mechanic's lien. 1st. we did the work for the property owner, they then sold the property to a government low income rental program. The subcontractor never followed any of the required preliminary notice steps, it took months to get copies of their time and material documents, where we found bills that were not even for our job, and duplicate time cards, all put into their bill. They want $53,000 but the documentation only adds up to $26,000 how do we bond around the mechanic's lien, what are our options?
thanks
WashingtonI am a GC and a subcontractor was paid in full and signed a lien waiver release but it was not notorized. We paid him and now when we are trying to close out the project we found that he filed 2 frivolous mechanics liens and we don't have time to fight about it and surely will not agree to pay the subcontractor for false claims.
IdahoA vendor placed a lien on our personal property even after admitting fault of damage to our home in written communication. We were not notified of the mechanics lien. We only found out when we went to take a draw on our construction loan. In turn, we secured a bond. After the 90 days has expired from the date the bond was filed with the Registry, how to we go about getting our money released from the bond company?
MassachusettsI filed a six-digit Mechanics Lien for nonpayment of architectural services. We have an AIA contract in place. As a result of filing the lien, I received a letter from an ambulance chaser attorney threatening to sue me for filing the lien. I called the debt collector people you recommend and gave them all the documentation. They called the lien holder to collect and the lien holder lawyered up again, scaring the debt collectors that I’d hired and leaving me unprotected and alone. The lien holder hasn’t filed any lawsuits against me, but has proceeded with construction by bonding off the six-digit lien. The six month deadline is in 4 weeks. What do I do? I need a construction litigation attorney on contingency, as this former client basically put me out of business by basically stealing over $100,000 from me and I have no $$$. I have also developed severe PTSD after dealing with this nightmare client and putting up with his abuse and nonpayment of my services afterwards, effectively putting me out of business and provoking the layoff of the people whose only fault was working on his plans.
Any attorney recommendations?
South CarolinaThe law firm that filed them required the value of a small home to proceed and said they normally deal with larger projects. This project has already broke us! $168K in reeves county! Aztec Renewable Energy, Inc vs Roddy Harrison. I'm a mentally broken man as this was a double whammy. My son is fighting for his life and I need the money! How did this happen? Roddy ia a 81 year old retired attorney that yells and screams at people like they are shit on the bottom of his shoe. He had a heart attack at the beginning of the project and was unreachable for 4 months after making his down payment. We called and called and called. Finally I spoke to him for the first time after he got out of the hospital and was greeted by a person that perhaps did not mentally survive the event. Despite that, it was yes sir and we drove 7 hours from our home base to complete it remote projects. We finished and he said he was not going to pay us as it took too long! OMG!!!
TexasI put a lien on a property im still owed money its a church property which is in a llc but the pastor tha hired me is the owner after i filed the lien he sent me back a letter saying i filed it to late i also sent a nto what do i do now
FloridaHi
I have 3 lien on my property 2 are nearly two years old and no action has been taken and the last one will be one year old by the end of March. How can I take them away ? Thanks
FloridaHello, I am a small contractor in NYC I file a mechanic lien on a owner property (hire by the owner), the owner take out a lien bond and sold the property.
Question: How do I get paid now, since the property has been sold?
New YorkA demand letter was received from the contractor on a project that we've filed a mechanic's lien on. They mentioned that a Trade Contract Agreement was signed that obligates us to keep the property free and clear from all liens. By filing our mechanic lien for work that was unpaid, we have breached this agreement and need to remove the lien within a certain time period. If not, they will proceed with discharging the lien themselves, either by payment or bond, and deduct from any payment that is owed to us. Does a contractor have that ability to remove the lien themselves by filing a bond?
Texas