Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Lien Foreclosure Questions
All Status
Lien Foreclosure
All States
Can my home be foreclosed on if I don't satisfy a Mechanics lien in the state of Delawate
DelawareCA homeowner had 187k 203(k) secured loan. Contractor did all work under invalid permit (permit obtained listed work as 12k), no permit for 6-permitted-task, no inspections, no approved lead certification. Consultants approved work, bank paid work. Homeowner kept advising bank no inspections were done. Now, bank says work illegally performed. Contractor filed mechanic's lien. Contractor filed for arbitration, if contractor does
prevail, is mechanic's lien enforceable on 203(k) secured loan? HUD is investigating fraud (payments disbursed
without valid permit and approved lead stabilization certificate. Contractor has a RRP, just did not submit for testing on 100-year old that has lead. In a letter to homeowner, bank acknowledges all monies, $140k paid to contractor, who did not have valid permit. Contractor admitted to bank, he obtained an insufficient permit for the project (he did not have money to pay for a proper permit). The consultant's approved all of contractor's work plus $42k, and the homeowner refused to pay, due to no inspections, no permit or lead certificate, contractor, consultant did not verify permit or ensure inspections. contractor pursuing consultant's approved $42. Arbitrator wont do a site inspection.
CaliforniaWe are non-profit and have already paid contractor for the full amount and have records to prove it. We were not aware of lien waver and did not collect it. Apparently he has not paid sub-contractor. We received "claim lien" and contacted contractor. He said is he is handling it. 3 months laterwe are facing lawsuit. Are you required to pay twice for the same job (including attorney fees)
FloridaI was the sub, not in privity with the owner thou met him on job site as well as spoke to him a few times. We will call the owner 'father'. "father" approved the estimate, made all payments, was timely served all notices, he signed the constructions agreement with the HOA as the owner and the architectural committee rules and regulations for remodeling as the owner. For all practical purposes, in every email and document signed, 'father' was the owner. 'father' failed to file the notice of commencement and the contractor in privity with 'father' never pulled a permit, we would learn later he was unlicensed and working with a current stop work order; this came to 'father" attention before the last payment was made, which he made improper. Prior to filing claim of lien I learn actual owner is the daughter of 'father'. 6 months prior to the project start date, 'father' quit deeded the home to 'daughter". I file my claim with no contest and later the lawsuit to foreclose. The only affirmative defense claims in part "NTO not served on actual owner" ... "never at any time did 'daughter' designate 'father' as their agent. WELL WELL. The HOA and architectural committee was not happy with the owners and have provided me with all their emails with 'father'. This includes the estimate, the approval of the estimate, directing the contractor and similar emails and all emails have his daughter CC in every email. So she knew everything before and during regarding the project. I just got this last week and this seems clear indication of knowledge and a legal 'agency' between the principal 'daughter' and agent 'father' . Any input would be appreciated
Floridahow can I file suit to enforce lient?
CaliforniaI files a mechanics lien in may still no payment from the developer. What is my next step?
CaliforniaI files a mechanics lien in may still no payment from the developer. What is my next step?
Californianeed to go next step to protect my money and th expiration date of lien is 7 days , what shoul i do from here ?
North CarolinaI filed all paperwork and am seeking to foreclose how do I do this
MontanaI have a lien on a residential property the customer filed a contest of lien. What do I have to do now and how long do I have to do it before the lien is no longer any good? Can I file a suit in small claims court?
GeorgiaHello, during the month of April, my electrical company from Texas was hired to do a job in Oklahoma, with a contractor from Texas. There was four different phases to the job, the first three were paid for, but the last one was not. We have sent reminders for the contractor to pay, but the money has yet to be seen. Do I file the mechanics of lien here in Texas or Oklahoma. Is it too late to file it? If it is, what do I need to do now so that my company can get paid. Thank you
TexasI hired a contractor to replace the metal above my garage door. He had done $5000 worth of work for me months before that he was paid for. This job, the worker removed the framing around the garage door. A welder did welded a new steel plate in, but I was told the entire steal plate would be removed and replaced, all he did was cut a section out and welded a piece into place. The next day the owner showed up for the first time without his worker and with no contract yet; only a verbal agreement thus far. He thought the job was done but forgot his worker had to leave early the day before, so tried to put the framing back up himself. He put it up all wrong, I was not able to close my integral garage door, and the door was dented. I did not discover any of this until after he had left saying he was done except he had to get some weather stripping that he was replacing since it was damaged. He never returned to fix the door. He then gave me an invoice a week later for over double ($2700) what he told me the cost would be ($1200). He claims that is the price he quoted me and says the framing was not part of the deal. He also told me at this point that the welder was an outside company and their bill was $1550. He now has a lawyer and threaten to put a lien on my house. What is the whole process? Meaning can I fight this lien and can do it without a lawyer? I have more than enough evidence to show the job was not done correctly with pics of before and after the job and all his text message. And again, there was no written contract only verbal agreement so he was to prove without doubt that was the price he quoted me. Also, if they foreclose on the lien, I assume that means it goes to court, and if I were to lose, can I just pay the judgement and not have them foreclose on my house? Thank you!
Pennsylvaniahow can I file suit to enforce lien?
CaliforniaI am still trying to get a check endorsed by the mortgage company to give final payment to the contractor. The amount owed is roughly 30K. Can the contractor do this file a Notice of Penency of Action? Even if I can remedy the situation with a bond? Can this be expunged easily? Does the contractor truly have a claim on the real property and is he able to use this action simply because he's upset that the check is taking a long time to be endorsed and paid out?
CaliforniaWe had a fire. We hired a contractor to make repairs. When he was almost done, my mother passed away and we went into probate. I have had delays in getting the last payment to him because I have not received the Letters of Administration. The work ended November 1, 2019. The contractor later returned to the home to make repairs that were a result of bad plumbing, in March 2020. He filed a lien claim on the property in April of 2020. There was a cessation of labor from November 1 to March of 2020. I notified him that his lien was invalid and cited reasons why. He has now had his attorney file a Notice of Pendency of Action. The amount owed is roughly 30K for which I have a check that needs to be endorsed by the mortgage company. Can the contractor do this? Even if I can remedy the situation with a bond? Can this be expunged easily? Does the contractor truly have a claim on the real property and is he able to use this action simply because he's upset that the check is taking a long time to be endorsed and paid out?
California