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Lien Releases Questions
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Lien Releases
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I just found out that there is a mechanic's lien over my property in Dallas TX while I am doing refinance. What kind of attorney can help me to resolve the issue?
TexasHello,
I work for the GC/Owner. I request the unconditional lien waivers once payment is received from our subs and also the lien releases from their suppliers. I have only been receiving one lien release per month from the suppliers. Should I be receiving supplier conditional and unconditional lien release or is the one release I receive sufficient?
FloridaMy Contractor is charging me for overhead a d profit for work I paid my contractors to do. There is fine print in the contract saying they will keep the profit and overhead for work we do not have them do that is in the insurance scope bid. Am I out of luck that’s like 8k-12k for nothing. Is that even legal? I’m in Oregon
OregonWe have three subcontracts on the same job site under the same General Contractor and job number. They want us to sign Final waivers for two of the subcontracts, but we are still working out the remaining subcontract. Can we sign these Final waivers without losing our rights on the last subcontract? The waivers all have the same master job number on them, and have a hand-written designation in the corner to differentiate between the subcontracts.
ArizonaI have a affidavit of equitable interest attached by previous buyer of my home which I attempt to terminate because buyer unable to start the purchase
AlaskaI just received a claim of lien on my property. There are many things wrong with this. The lawn company was supposed to perform the work in March 2021 and never showed. A couple weeks into April we came home and the work was done, being generous lets say it was April 15 (most likely a few days before). I thought their communication sucked but the work was done. I called them numerous times between April and now asking for a bill or how to pay. I always got a voicemail never got response. I have never seen a bill or a phone call from them, totally willing to pay for the service but don't know how without a bill or address to mail a check etc. Their website just has phone number and email. Today I received the claim of lien. The claim of lien still doesn't tell me where to pay. I called and left a message again today. I then looked up rules and if I'm correct he would have had to complete the work on June 25th or later to be able to file this lien. Is it best to try and dispute this now or should I wait to see if he sues me? I'm beyond mad. I would have used him all summer but he was horrible. I'm literally paying a different law company weekly - only say that to reference the small couple hundred amount is not worth this darn headache.
IdahoHello,
My question specifically pertains to the through date field on the unconditional progress lien release. To provide an example, we bill on a monthly basis on the last day of the month (Inv. 1 - 1/31/21; Inv. 2 - 2/28/21; Inv. 3 - 3/31/21; Inv. 4 - 4/30/21; Inv. 5 - 5/31/21; Inv. 6 - 6/30/21). The clients first payment covers invoice 1 & 2. The client's second payment covers invoice 4, 5 & 6. The client technically did not pay Inv. 3. What should the through date be on my 2 unconditional progress lien releases? Should they both reference 2/28/21 as the through date? Thank you!
CaliforniaI have a four year old expired mechanics lien on my property. It is not on my credit report. Can this prevent me from refinancing my mortgage?
FloridaWhat can be done if a preliminary lien notice has been filed to the incorrect name, parcel number and address?
AlaskaIn California once a lien is filed on a property I have 90 days "after" recording the lien to file an action. So I have read it on several legal & law sites.
It is my understanding that the day has 24 hours, typically counted midnight to midnight. It is also my understanding that "after" in the English language means, after that day of the filing and thus aforementioned day is not included. Otherwise it would not, could not be 90 days. It would be only 89 days.
As a fictitious example: if I register a lien at 3:55 PM at the recorder's office there's nothing thereafter I can do on that day as all government offices close at 4 PM. If hypothetically there would be a government office that operates 24/7 and I record the lien at 11:55 p.m. I would effectively have only 89 days and 5 minutes.
A lien was recorded at the recorder's office on August 1, 2018 (no time stamp). An action was filed, after the fruitless settlement offers, on October 31, 2018 10:51 AM
My action was filed and deemed [suspiciously] on the 91st day after a few month long fruitless attempts to settle and work out the payment issues with the client.
Also, between August 1 and October 31 is at least one official government high holiday; Labor Day. Everywhere else and everything else I looked up in this state or other states it appears that government holidays do not count as well as counting begins after the filing day for obvious rational and correct reasons.
So what is the jurisprudence and truth in California in all this?
With kind regards,
Rob
CaliforniaOur customer is requesting a conditional waiver and release on progress payment. We have not filed a lien or a prelien on the customer. Is a release necessary? What if the customer is requiring a release to make a partial payment?
ArizonaHello, My grandparents had some work done to their home back in 1987, and some of that work noticeable as poor workmanship (long story) however my grandfather did not pay all the monies and a lien was placed on their home. the lien was sold to a third party and the lien was not enforced within the time frame in Texas I assume becuase nothing never happeded. They never went to court and my grandmother is still living in the home. Howver after the ice storm in Texas she need to get some work done to her home and now she cant because it shows that deed is listed under the 3rd party that bought the debt.Please help with a little insight on what we need to do after 34 yrs. Thank in advnace
TexasHello,
I have a question as a general contractor with a subcontractor, we would like to send them a conditional final lien waiver but, they dispute what they are owed. If they send the lien waiver back altered in anyway are we still obligated to make the payment? We are in Missouri, the project was in South Carolina.
Thank you,
Eileen Walsh
ewalsh@pangea-group.com
MissouriMy grandmother got some damage from a storm in November 2020 and she called her Ins. comp. they came out and wrote an estimate. My uncle met a roofer sent him over to look at everything and he did and my grandfather passed away from covid January 3rd, We had been waiting for them to start work for two months already. they came on the 5th to finally pick shingle colors etc. I asked him did they have an quote or scope of work for her and he said they work off of the insurance comp. est. which was approx. 10,000( for notes and pricing est. this is a mobile home roof) so that the homeowner doesn't have to pay a ton of money out of pocket. My grandmother with all going on signed her shingle choice on order his name is on it but its only his first name it isnt even a signature. Well in March they still hadn't started this job and lied to us continuously. Well roof has been done and now there is an 0utstanding balance of about 7500 and they sent a claim of lein yesterday. I'm pretty sure they let that time run out already to even be able to file it noone has done any work here since approx mid march. Worse than all this they apparently don't think 90 yr old people can get on the roof and maybe she can't but her grandchildren can and we discovered the Solar powered pricing they used for the attic fans (I used to work in restoration and they use xactimate pricing program that i still have access too) 4 fans for 2100 well the fans on her roof i have photos and video are used empy metal shells for a fan but there is no fan no motor nothing but a hole and lot of moisture in her attic. There are lots of other things they have tried to pull but during all the chaos of losing our patriarch of the family, her husband of 65 years. I feel they are trying to take advantage of the situation claiming the long process was to give her time to grieve etc. and permits were holding up the work . She didnt ask for time she asked for a new roof and I got the permit nonsense cleared up in less than an hr. I haven't even told the company we opened the covers on their used rusted spray painted mock fans on the roof yet. I was trying to get further insight on what options we have either criminal and/or through civil court system. I have all of our conversations recorded with this comp. bc they have lied so many times. my name is Anne casteel my phone numer 308-385-8275 this is a claim in Florida.
FloridaProperty Restoration company is trying to put a lien on house (which I'm putting on the market to sell) but has not completed job as of Aug. 7, 2021. He just sent painters Monday, Aug. 2, 2021, who repainted bathroom, painted kitchen walls that were messed up from previous painter. On July 20, 2021, owner said he still needs to contact floor manufacturer about floor issues. Floor workers showed up unscheduled Thursday, Aug. 5, 2021, while I was at a doctor appointment. I asked if workers could return after 2:30 PM after I returned home. Only response was "checking". I haven't been given the opportunity to sign a completion and satisfaction agreement.
How do I get the lien withdrawn in writing? Can I make the final payment with proof the lien has been withdrawn? I'm concerned he's trying to delay the sale of my home.
Georgia