Posted by blogger on July 05, 2009 at 12:11:45:
If YOU contract with any contractor, either in your name or for your LLC or Trust, you’re obviously working with the legal (ostensibly and apparently) authority to bind that entity.
And the contractor can file the lien that will bind any such entity.
Sounds like you’re thinking of trying to beat the contractor out of what you owe him and this is less than honest.
land trust - Posted by nannook
Posted by nannook on July 04, 2009 at 21:19:51:
Can I put property in a land trust fast to prevent contractor from placing lien on property
contractor situation - Posted by mike
Posted by mike on August 22, 2009 at 20:14:16:
An Investor and Contractor Ive seen both sides of the stick here. Been
Stuck for 40k before by customers not paying or trying to chisel. If
this is your case then shame on you…But if the contractor legitimately
screwed up your property or didnt finish the job then shame on
him/her.
As far as the mechanics lien…It attaches to the property not the
owner. So regardless someone will still have an issue unless its
resolved. But if you really want to get the lien removed check your
laws. Usually a contractor has to file a lien within 90 days of the last
date of finishing the project. The contractor also has to provide you
with notice that he is going to file the lien prior to filing. If this is not
the case, then the contractor did not perfect the lien, and the lien is
not properly filed. The contractor usually has to two years from filing
the lien to bring suit and foreclose on the lien to try to collect. To
expediate the process, as an owner you have the right to “file a
demand letter” to the contractor. This is letter demands the contractor
to file suit. If the contractor fails to file suit within 30 days, or if the
contractor cannot be found or it cannot be mailed within that time
period the lien becomes void and will be lifted. At that time you could
legally transfer the property or sell it without recourse or payment to
the contractor. If your screwing the contractor he will file suit, and
he/she will run up your legal fees and it may not be worth the
expense. Just my thoughts Mike
He wants to welch on contractor - Posted by blogger
Posted by blogger on July 07, 2009 at 15:19:51:
Still trying to beat your contractor huh?
If the Kr did his homework and knows who owns the property, then has the signature of the person authorized to sign for that owner, his Mech lien is going to get him paid or protect him if that owner welches on paying him.
Why don’t you just pay the Kr as you’ve agreed and stop trying to chisel him?
Re: land trust - Posted by Ch Ming
Posted by Ch Ming on July 06, 2009 at 10:18:12:
If the contractor works on a property and is properly licensed, then any mechanics lien goes on the property where the work was done. This also applies to subs who did not get paid even though you paid your contractor.