Posted by River City on January 03, 2005 at 09:30:09:
They should have received a title policy at closing that covered anything like this. Go direct to the title company and the title company should take care of the mechanic’s liens.
owner recourse-builder bnkrpt-mech. liens - Posted by barb-ohio
Posted by barb-ohio on January 02, 2005 at 10:52:19:
Have friends who recently had a home built. The builder did not pay the contractors, who have placed liens on the property (theirs is not the only property involved). They have cancelled checks showing that they paid for specific contractors. The builder is awaiting a court trial. They have a lawyer and have already incurred 13k in fees trying to get this resolved.
Does anyone have any ideas on how they can resolve this problem without losing their shirts?
Re: owner recourse-builder bnkrpt-mech. liens - Posted by chet
Posted by chet on January 02, 2005 at 13:33:20:
do they have checks to specific contractors or to the general, w/ a memo “pay for specific contractors drywall”?
If it is the 1st, the lien should be directly challengable.
Re: owner recourse-builder bnkrpt-mech. liens - Posted by barb-ohio
Posted by barb-ohio on January 02, 2005 at 14:26:33:
Chet
Thanks for your reply. They submitted 2-party checks for payment with both the contractors and the Builder named on the checks. How would they go about challenging the liens?
Re: owner recourse-builder bnkrpt-mech. liens - Posted by chet
Posted by chet on January 02, 2005 at 14:45:40:
I don’t know the exact procedure in your jurisdiction, but I would contact an atty familiar w/ mech. liens.
I think you’re in good shape having made them 2-party checks.
The one thing that’s unclear is what goes to whom.