All Forum Posts by: Arthur Boand

@Wayne Brooks

Thank you for the help again. Attorney got it all handled. Sent the guy a notice to foreclose within 30 days. No suite was filed. Just filed affidavit of service to release lien. Title company wired the funds today after closing after showing them documents filed.

@Wayne Brooks thanks again for the response!

My attorney sent a contractor a notice to foreclose on (fradulent) mechanics lien within 30 days. It was sent certified mail. She said after 30 day mark dhe can file an affidavit with the court for its release. Right now he still has not picked it up. Does it matter whether he picks it up from post office and signs for it or no?

@Wayne Brooks

Yes, 30% was him managing project. I just wanted a bit more clarification on whether I should obtain a lawyer now, or just wait until an actual lien exists. Again, I appreciate your efforts and advice.

@Jack Orthman

Jack, thank you for your time and response. I greatly appreciate it. I was reading the same. Just wanted to at least get some advice from people to familarize myself with this issue. In the future I understand that there are lien waivers I can have contractors sign and ways to terminate a contract after an issue arrises. For now, I just going to play my cards as best as possible.

@George W.

Long story short, I have felt threated by this guy. I just wanted to get the house donr with or without him. Earlier on I did not know who to turn to or what to do. He slowly came back and did minor work here and there. Frankly I did not have time or knowledge to get it handled myself. I had one contractor come in 4 months in then didn't want to keep working due to bigger projects. A month ago a found another crew that was legit and got the rest handled for a large chunk of change. As far as filing an actual lien, from what I read there is no license or certification required in Indiana to file.

@Wayne Brooks I truly appreciate the in depth response. Truly do. First time flipping. The $20k was for materials and labor to get work done. It was not for him. The verbage was that I get my contribution back before his 30% cut. No I did not terminate the contract and at this point still do not know how. I'm assuming I won't get a 2nd piece of mail if a lien is actually placed, due to already receiving the notice of intent?

Jurisdiction: Indiana

I signed a contract with a guy back in December. The contract stated that I would furnish $20k towards renovations to the house in my name. The work would be done within 60 days. In return he would recieve 30% of the sales price after home sells. (My contribution will be taken out of total plus home cost). After the first month he had jacked off all of my money. He no longer was able to finish the project. 8 months and an almost $20k later from my behalf, I got the home done myself with other contractors. He has been in and out over the past 8 months acting as if he has been contributing much knowing his percentage is on the line. The house is now listed for sale and he came out of no where and sent me a notice of intent for lien. ($65,000). I found out he is unlicensed, and was also broke the whole time. Never pulled permits like he should have and showed me a fake GC certificate. What do I need to do?

Jurisdiction: Indiana

I signed a contract with a guy in December. The contract stated that I would furnish $20k towards renovations to the house in my name. The work would be done within 60 days. In return he would recieve 30% of the sales price after home sells. (My contribution will be taken out of total plus home cost). After the first month he had jacked off all of my money. He no longer was able to finish the project. 8 months and an almost $20k later from my behalf, I got the home done myself with other contractors. He has been in and out over the past 8 months acting as if he has been contributing much knowing his percentage is on the line. The house is now listed for sale and he came out of no where and sent me a notice of intent for lien. ($65,000). I found out he is unlicensed, and was also broke the whole time. Never pulled permits like he should have and showed me a fake GC certificate. What do I need to do?