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Updated 28 days ago on . Most recent reply

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Jordan Sachs
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Mechanic's Lien delivered without notice of intent

Jordan Sachs
Posted

My friend's husband owns a property in Bethlehem. He's used the same management company for years. He owes them some money for work that they did and they filed a mechanic's lien on his property 3 weeks after he received the bill which was also one business day before he was scheduled to sell/close on the property. (he was able to close because the title search had already been done before the lien was registered) 


According to him he has never not paid them for previous work and he never said he wasn't going to pay them but as soon as they found out he was selling they filed. They gave him no notice of intent to lien and clearly were trying to mess up his sale. Now the property has been sold and it has a lien on it. He still intends to pay the mgmt company. Is this lien legal even though they gave him no notice? They couldn't have given him a 30 day notice if they wanted to because it hadn't even been that long since he received the invoice. Does he need an attorney or should he just pay the invoice in full? Thoughts? TIA!

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
63,211
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

not sure why one would ask this question if the intent is to pay it.. only reason I can think is they want to try to wiggle out of it.

reality is anyone can file a lien.. And just because title is run the title company is on the hook for it.. As they should have done a date down and caught it.. at least on the west coast they would have.  so the title company if they have to pay it is going to be not so nice to the seller.

the reality is if you dont do the intent to lien then yes you can get it removed usually though has to be done through the court title company wont take the risk.. Then once you spend the money for that.. then the contractor will simply file a UNJUST Enrichment claim so your back to square one.. 

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JLH Capital Partners

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