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Lien Priority Questions
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Lien Priority
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I am a general contractor the customer and I have come to an impasse because of intricate details of painting and other small details. After being told we're not allowed back in I deducted what we will not be doing plus and requested my balance of 7k which should be 9200.
PennsylvaniaI need to file a lien notice. We are a parts supplier providing to another supplier, who sold to a GC that is installing a dock for an OA. The parts seem to be at the marina location in a parking lot. The state the part's are in is Ohio, and the supplier we sold them too is located in Indiana. Who does the lien get filed with? I am thinking the OA that owns the Marina, but thought I would check to make sure before filing the lien.
Ohiohello,
A lien was filed against my property, all my property bills are paid on time, I have proof. They have no explanation or prove as to why this was filed. Now, In order for them to take my name of the lien they want me to pay $350.00. What should I do?
New YorkThe owner is unresponsive and is trying to sell his home without completing payment for the contracting activities that were done for the home. I was the potential buyer under contract at the time of the home. The 4 point inspection uncovered many issues with the property that wouldn't allow for it to be purchased by a buyer getting a loan. The owner agreed to fix these issues which included the need for a Heating/Cooling source in the home/Roof/Electrical Issues. Owner couldn't find a contractor to support what he wanted with regards to cost/timeline and the sales contract date closure was approaching. The owner through a realtor stated he was having trouble closing off these actions so the buyer identified some contacts to support the repair effort. The owner agreed to provide the buyer with concessions for the cost of repairs to improve the property so that it could be sold. The buyer than provided initial payment in support of the owner to complete the repairs to the contractor who began the work under the sellers direction of understanding what it would take to complete these activities including filing notice of commencement and understanding the permitting needs. During the contract stage, there were two issues that didn't allow for the home to close including the owners need for a new roof, and an LIEN that the owner brought up 40+ days after the deal was in process that he refused to remove liability for and stated its there and its up to the buyer to take care of. The lien was above $15K. The deal didn't close and the owner refused to make payment for work done to the property. The contractor and the buyer are now out of money to support closure of the project and the owner has put the property back on market for sale. One issue that the owner will mention is the fact that there is a permit violation, the buyer and contractor cannot close the issue UNTIL PAYMENT IS MADE. Owner hasn't paid a red cent and expects the buyer and contractor to cover all costs. His house was was sold to the buyer under contract for $301K, which is $14K over asking. He has now listed the home for $329K, taking advantage of the improvements to the home. Need an immediate lien on the property.
FloridaWe are a GC doing a private commercial job in MN. Currently, we require Conditional waivers from our subs with each payment application they submit. We are currently working with a lender who is adamant about us requiring Unconditionals from our subs after each payment and before subsequent payments. We have a bit more leverage with Conditionals as subs must turn it in with their payment application, and then we know when it becomes valid because we directly pay them. Additionally, our subs are safer and more willing to sign a Conditional vs an Unconditional. We have offered to provide the bank with the Conditionals and then confirm payment with a check register as proof that those subs have been paid, but the bank is determined to get the Unconditionals. We are concerned that if ONE sub does not turn in an unconditional waiver or is late, it will delay owner payment to us and thus delay payment to the rest of our subs.
The bank is concerned about, and our question is: Is a lender who records a mortgage after construction starts at risk (of the sub being in first position for a lien) for the duration of the project? Managing the lien waivers - does the type matter or not if the lender is in 2nd position for a lien and if they do matter, does being in 2nd position get absolved as of a certain date?
We usually don't encounter this issue, but post-covid, A LOT of banks are now asking us for extra waivers and paperwork and pushing back on our solutions to mitigate that paperwork, while still ensuring and proving that we are tracking waivers and paying our subs. Every bank has a different request, and usually, they are fine with getting the Conditionals and check register as proof, but this bank is really pushing back because they are concerned about being in this "2nd position" for a lien, and say the Unconditional will protect them from that. We are pretty confused and are not sure how to proceed here. Any guidance or proposed solutions would be greatly appreciated.
MinnesotaSo there's this house in Yuba City California and it has been and has been boarded up for 3 years the last time it was listed for sale was in 2016 I'm wondering can I put a lean on the property and become the owner Or pay the property taxes because there is no contact info there's no contact info on this property
CaliforniaI hired a contractor to fix the drywall in my basement due to water damage. This was an insurance claim, and the contractor was a preferred vendor for the insurance company. I paid my deductible to the contractor, and my insurance company paid the rest. The contractor hired a drywall company to complete the work. The drywall company wasn’t paid by the contractor for the work (it’s only been 30 days since the work was completed.) The drywall company is calling me threatening to put a lien on my home. Can he do this considering I was contracted with the contractor not the drywall company, and I paid everything in full.
Iowai HAVE A MEMBER THAT WANTS TO BECOME A HOME BUILDER AND BORROW FUNDS FROM OUR CU - HOW CAN WE SECURE THIS LOAN?
OklahomaI finished my work less than 6 months ago, I still haven't gotten paid. I did NOT file a pre lien. Can I still file a lien?
UtahI'm A HVAC contractor, I went over to a customer's rental house and I replace the unit of his rental house. The customer told me that he was going to file it with his insurance and he was going to pay me after the insurance paid him. but he never mentioned to me before I put the new system at his rental house. I told him that he should've said that from the beginning. What can I do in this situation?
CaliforniaI was scammed on a land contract by a company that does not own the property..I have invested over 7;000 dollars into repairs and materials.then I was approched by a woman claiming to own the abandoned property. from there she's put a rush on me to give her money or loose my investment.with no offer of refunding my money..so my question is can I put a lien on this property?
OhioMy mother has been growing a garden on an abandoned property for the last 5 years plus... she recently took out a lien on the old property owners but it turns out they had already sold it the new owners are set to start building in June... can she transfer the lien over to the new residents since they own the property now ?
GeorgiaHow can a person place a lien on your property for a debt that is not yours and you not be notified? An yearly charge for use of a neighbors easement is charged. My portion is only $377. The rest is my neighbors. I have paid my portion and neighbors refuse to pay. He has now put a lien on my property for the whole amount. I am selling my property and offered to pay their share out of the proceeds but he does not accept that
FloridaI'm a subcontractor in East Tennessee and I worked for a non-licensed general contracting company. I have a signed contract, I'm to be paid on Thursday after the job is complete. However, it's been nearly 30 days since payment was due. Despite repeated phone calls and emails the general contractor is playing games and refusing to pay me. I went down to the local courthouse and they said all I need to do is print off a mechanics lien form, fill it out, a sworn affidavit and notarized it. However, the only forms I found online are against the homeowner. The homeowner of this job is 80 years old and I don't think it's fair to put pressure on them they didn't do anything wrong. On top of everything, I have a broken hand. Despite this, I'm still trying to work and make a living and not sit at home on unemployment. I don't have the money and I just want to find the right form. Can someone please, out of the kindness of their heart help me!?
Thank you and God bless!
TennesseeModified Lien Filing by contractor to Homeowner who file to contest the lein.
How long is it good for, Another sixty days? or shorter.
What steps should the home- property owners take to discharge a false lien.
The Plumber lawyer always wait to the very last minute to send the notice certified giving me little time to respond.
Florida