Mechanic's Lien on Residential Property - Posted by Lisa nuzzi

Real Estate Investing Real Estate Law
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Posted by Lyal on March 14, 2005 at 10:46:03:

Lisa,
You are asking for a legal opinion. You won’t get that here because of liability issues etc. You can ask where to go in your area or general questions about mechanic’s liens but that’s as far as the moderators can go.
I’d say that if your attorney can’t give you the “intelligence” you need, find another attorney. You need someone local who is very experienced in real estate and mechinic’s liens not just the family attorney who wrote the wills etc.
Good luck to you,
Lyal

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Mechanic’s Lien on Residential Property - Posted by Lisa nuzzi

Posted by Lisa nuzzi on March 05, 2005 at 11:39:17:

CIVIL ISSUE:

We have been subjected to two brothers that originally claimed to have a new home construction corporation.

We signed a contract with them to build our new home in the our Lawyer’s office.

We began to encounter difficulties with the brother’s not incorporating the money that we furnished into the house.

When we confronted the brothers with the fact that they were scamming us, they retaliated and placed a mechanic’s lien on our property.
Note: The builders were paid in excess of the labor and materials incorporated to date. Note: We own the land outright/we have the deed, we are financing the construction of the home.

It has been determined that the brother’s company was dissolved by proclamation within the County of Suffolk New York and The State of New York when we signed the construction contract over two years ago.

Do to this and the fact that the lien is an outright lie,
our Attorney has filed a motion witht the courts to have this bogus lien lifted. The Builder’s attorney claims that the lien is valid because the builder’s have now paid their tax arrears, back fees and fines and is now incorporated… Despite the additional fact that we have the cancelled checks that the builder received the money.

Our question: A bogus Mechanic’s Lien is placed on our property from a monitary stand point and is also bogus because the corporation was dissolved when we signed the contract and during the construction.

Can a Mechanic’s lien be valid because the builder’s attorney recommends that he should pay up fine, fees and tax arrears after the contract has been signed, approx. two years, and to now be deemed incorporated and the lien remain valid?

CRIMINAL ISSUE

FYI: The Suffolk County New York District Attorney has arrested and indicted both brothers on several C, D, and E feloney charges and looks like it’s going to trial.

Please offer and intelligence that you can. Our lawyer doesn’t.

This has been devasting our lives for 3 years and we are still not in this house.