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Mechanics Lien Questions
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Mechanics Lien
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I am a home owner who purchased a solar energy system from a door-to-door salesman. The salesman told us 3 specific things we would receive in the package deal that encouraged us to buy. We now find out that one of the things he promised is (according to the prime contractor) technically impossible to do, and also that the salesman was actually a sub-contractor to the solar installation company. The work performed was good, but is missing a last important element. The solar company has now cancelled their work arrangement with the salesman, and they say that they can't finish the project as promised by the salesman (though not contractually agreed to). I have the remaining 60% final payment to pay for the project, but am unwilling to do so until the project is completed as promised. The salesman has agreed that he did, in fact, promise the final element. My question: If the solar energy contractor puts a lien on my house, what are the consequences for me, and what are the chances that the contractor can petition to foreclose on my house, in order to obtain his $10K +/- remaining fees?
UtahI hired a contractor who never finished the job, he did most of it, but left 3 areas of flooring not completely finished, like the bathroom tile floor ended 3-4 inches short of the end of the room; the bedroom carpet was not tacked under the baseboards he installed rather he just left the carpet hanging loose, and he didn't replace the flooring where he cut into the concrete slab to connect to the sewer line, just left a patch of raw cement and he didn't finish painting one wall! There were no change orders. None-the-less I paid him by checks in 4 installments every 2 weeks per the contract less the retention amount listed in the contract pending final finishing which pissed him off, and so I went ahead and paid the final retention payment via zelle even though he has never come back to finish. When I complained about what wasn't finished he returned around and reversed the zelle payment, and mailed back my last 2 checks back then filed a mechanics lien on my property for an extra $8,000 more than the contracted price!!! What can I do to get rid of the lien? This feels like extortion!! Sue (949)300-4888 sangell05@aol.com
CaliforniaI have a lien placed on a house which was listed for sale yesterday. I am considering contacting the Real Estate Agent to see if she can help getting the balance paid. Any downside to this? Is there any additional action(s) I should take in the meantime or should I just wait for the house to go under contract? I'm guessing they can't transfer title until the lien is released. The house has a mortgage, but to my knowledge there are no other lien holders.
Texascontractor thinks he is a 50% partner on a flip deal, new investor (the flipper) thought it would be good to have a partner to help with finances, construction, and the fact that the GC will have a crew and new investor can rely on his men to help with the rehab. The investor/flipper found the property and got it under contract with the owner. Eventually over time investor/flipper realized contractor/also said he wants to be partner did absolutely nothing that he claimed he would do. He has been a contractor for 40 years so new flipper (ME) thought hed be a great partner but the flipper ( me) ended up finding the hard money lender and it was only in flippers name and owner and the lenders. No contractors name on the 175K money lent for remodel. Flipper paid the 1,500 monthly interest payments for 8 months by herself no help from contractor/supposedly partner. The flipper got ALL I mean ALL the materials picked them out, picked them up, dropped them off from paint to windows doors etc. The contractor asked for 15K in beginning of project said he is owed some money now and then 50% of the proceeds are due to him at the end as well.. Flipper gave him the 15K then he asked for another 15K again 2 months later. flipper gave him 30K. while he did ONLY the construction one the flippers property with the flippers hard money loan, while the flipper worked everyday on gathering ALL the materials and keeping the laborers hours daily for 7 months and paying the laborers daily for 7 months, while all the contractor/partner did was contractor work and take the flippers money of 30K and will demand 50% at end.
Flipper FIRED contractor for a 10 week delay and massive errors on property and for bad mouthing flipper to her workers. Now contractor put a lien for 145K on the house and it is in escrow. He never had any contracts, he never filed a 20 day preliminary notice, and he waited 30 days after he was fired to file a lien. A lien in which he was paid for ALL his contractor work already and thinks he deserves 50% of the new investors/flippers ( ME) proceeds at the end. He was using me, taking advantage of a new investor a nurse of 22 years and I do not owe him anything. How do I get this lien off immediately? Is it legal with no 20 day preliminary notice to our lenders. he was hired my me not the owner.
CaliforniaCan I file a lien in Texas if I'm unlicensed?
TexasMy contractor lied, signed a contract with me and signed my mortgage company paper work that he was licensed, insured and bonded but he’s not. He has hired subs that we’re doing shoddy work that had to be fixed over and over. We got to a place where home was 90% complete and he agreed to leave job and let someone complete work for us and send a final invoice. His final invoice is three times what it should be as he’s demanding $11,000 of our contractor overhead and profit funds along with other miscellaneous items. Can he file a lien?
LouisianaMy father in law is a licensed contractor and fell ill before the completion of a job that he was contracted to perform. The work was apparently completed and the customer originally agreed to pay the remaining balance per the their contract. However, after learning that my father in law was in the hospital, the customer has processed a stop payment on the check that was to be issued to my father in laws business. We are now attempting to recover the money owed, but since no one else except for my father in law is employed by his company, we need to know if we, as his relative can file one on his behalf.
CaliforniaWe are a subconctractor - we filed a mechanics lien - now we are filing an Mechanic's Lien Extension - does the general contractor have to sign the extension or just the owner and us?
CaliforniaThe state of Indiana. I provided architectural services to a contractor for work at a residential home. The contractor paid me my $1,000 retainer. This project started in August of 2021. I provide preliminary sketches to the contractor. After modifications, we made final drawings which were provided to the contractor for use on Sept. 28, 2021. To date, I have not been paid the remaining $3,000 owed. I have sent multiple notices by email and text. I gave him an ultimatum of today (12/2). He says he has been paid but checks need to clear and is going to pay me tomorrow (12/3). I told him if it is not paid tomorrow I will take the next steps. I will file a lien on the homeowner's property. I have to go out to the property on Monday to take photos and check on the construction status, which will include me filing a field report with him and the owner. Do I have to file a pre-lien notice to the owner, contractor, both...or do I not have to file one and just go straight to filing a lien on the property?
IndianaI have a realtor who hired me to do work on one of their own properties that they are flipping (selling). They are refusing to pay me. They already have a purchase agreement on the property with a buyer. I have asked for payment multiple times through text and they don’t think they owe me. I have sent multiple copies of the invoice as well as copies of their canceled checks showing that they have not paid me in full. I informed him that I would be filling a lien and he said best of luck, the property is already sold. I know for fact that it has not closed yet. I have a mechanics lien filled out. Can I add more to it for the time and costs? Also, if it hasn’t closed, will I get paid when it does?
Thanks!
Mike
OklahomaCan a lien be placed on an owner using fraudulent information in Maine? What is the owners recourse if it is meant as a nuisance lien?
MaineThe handyman who doing some work on my house in Maine (I am a Florida resident). He walked off the job in March after the pandemic was announced. He filed a mechanic's lien against me but I have not received anything else. As I understand it, he has to file an actual lawsuit withing 120 days. I haven't received any notice of a lawsuit but I expect I would have to be served. Can't get any information from the court. I don't know what to do.
MaineI am currently in a situation in Ohio where im not registered as a contractor or a business. I was asked if i could remodel a duplex for a landlord i had been introduced. I did work in first building and was paid on the spot. He provides material im just receiving labor pay. He asks on a per job basis of my estimated labor. Everything went fine for a few little jobs. I then was asked to do major work on an empty duplex that had caught on fire a few years prior. It had been improperly framed when i got to it and had some damage from being exposed for min of 2 years to my knowledge. I wrote up an estimate and materials needed. Sent it to him. He said "lets do it". Ive been plugging away for some months on the place putting in alot of hours and recieving very little on no certain schedule. I recently asked for a pull for the progress made becouse of my own stupid issues with child support. I asked 3000 of a 13000 dollar estimated total. Im past halfway done. There has been many additional changes to the job adding much more work and havnt had anything signed just been verbal besides my estimate wich was an online estimating app. He said he could only pay 800. And was having issues with the amount of money he has to work with each week. Im worried he isnt going to pay the remainder and wondered what i can do if not.
OhioI am owed more than $9,000 for a house I was working on. My family contracted Covid and was placed under quarantine. I notified the homeowners about what was happening, they said they didn't care if we were under quarantine, they wanted it finished. I went back to finish about 2 weeks later to learn, they fired me and didn't want to pay me for work I had already finished.
IllinoisDealing with an estate property in San Antonio, Texas. Found out there was a lien on the house from the title company. The work in question was performed/completed in July 2015. The affidavit of lien was filed on 26 November 2018 (3 years after the work). Furthermore, no enforcement of the lien was ever initiated on the lien. Is this lien still valid? Thank you in advance.
Texas