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Updated over 5 years ago,

User Stats

25
Posts
13
Votes
Bill Quigley
  • Morton, IL
13
Votes |
25
Posts

Legal question on Lien

Bill Quigley
  • Morton, IL
Posted

After our first flip (in Central Illinois), the contractor submitted an exorbitant bill and then a Mechanics Lien. I went the legal route and hired an Attorney. Now on Aug 1st my attorney submitted a Motion to Dismiss that was accepted by the judge with the following stipulation.

"Plaintiff is granted 30 days leave to file amended complaint to add as additional Defendants the current owner and mortgage holder of the subject premises and to add additional factual allegation in response to Defendants’ MTD. Defendants to answer or otherwise plead within 21 days thereafter."

I was able to sell the house but 2  times the Lien amount is held in escrow till this is resolved.  Now according to the above order by the judge, the 30 days have past and no amended complaint was submitted.  So it is my belief that my attorney should submit to the judge the final order to Dismiss.  But he's trying to tell me I still have to wait because they could still submit an amendment even though the 30 days are past.  But he cannot, or will not, tell me how long we have to wait.  

Does this sound right to you?  That an Amendment can still be submitted.  And that I have to wait till who knows when?

Thanks for any isnsight.  Bill

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