All Forum Posts by: Dan Jones

Still trying to get call backs from attorney.  

A big question I have is if this goes to court, how do we determine what the SOW really was and how do you put a value on what he did do.  His claim is he was 90% done, but I have many pics and videos showing the place is a wreck.

Does anyone know of an attorney who does with these types of problems?  I could use a good referral.

Title Attorney was a little help. She gave me a good referral who I will call tomorrow.  She said I need to settle with him in order to close.  I don't think she is an expert on this particular subject though.  She did confirm that I can bond him out if we have a definitive amount (amount on the lien).  I would have to post 1.5x bond which I would get back if he never sues or if I win.  

Yes, and I called, they say nothing has been recorded.  I did some reading online and I am not sure if they could have filed it w/o getting recorded or showing up yet.  Trying to figure out how a title company finds that info out.  Still need to reach out to an attorney today. 

@Wayne Brooks thanks for your advice.  I was actually planning to talk to an attorney tomorrow.  I plan to call the attorney that did the original closing (she works for the title company) and call a different attorney who advertises himself as an all purpose real estate attorney (got his number from someone in my network).  

I was wondering how to vet attorneys to make sure they are good at this type of task.  All I can think of is asking them how many liens have they dealt liens in the past 2 years.  My gut tells me most have not dealt with any.

I would love a recommendation if anyone knows of a real estate attorney near Chicago (Chicagoland) who is good with this type of work.  

Thanks everyone for your advice.  All this feedback is really helping make decisions.

Wondering, would he qualify as a general contractor or a sub-contractor based on the info I have shared. I do not have a written or verbal agreement with him. The JV might have had a verbal.

I also did not have a signed agreement with the JV.

I ask because I think a sub contractor has to service you notice of the lien within 90 days of last work.  I could just wait to see if he files it.  

The risk is he might file for 6K vs the 4K he said (via txt message) that he wants.

If escrow pays the lien on close, can I take him to court at a later date to get that money back?

Sounds like my options are

1. Do nothing and hope he does not file a lien - (not sure if I can close without a lien waiver though)

2. Pay him 4K or try to negotiate.

3. Try to fight the lien.  Not sure how fast I can complete the process or how to fight w/o any written contracts, scopes, or agreements.

Thanks for that.  How would I force his hand?  I would like to have this place sold with-in 90 days from now.  I am concerned that this will pop up after I get a contract on the place.  

Also, I am not sure how to defend against his claim.  I have had other bids after I fired him and all the contractors tell me that he is crazy, but I doubt I will be able to get those guys to show up on the court date and tell that to the judge.  I did take lots of pictures.   This guy did a little demo, drywall, and (poorly) painted a 1300 sqft house.   

How does a judge determine what is fair for that work?

That is not good news.  This guy is running a scam on me and it sounds like there is very little I can do about it.

Is there a way to bond it out so I can still sell the property?

I read a similar post where @Isaac Essex said you can send the contractor a letter and force them to sue you within 30 days.   

I am dealing with a bad contractor who is trying to rip me off.  Now he is threating to file lien on my property.

This is in Cook County Illinois - Chicago Suburb

He had verbal agreement with a JV of mine. The relationship blew up and now he wants 4K (a 6K lien) in addition to what he has already recieved (6K) which is way out of line with what he did.

I was wondering how to find out if a lien has been recorded against my property in Cook County Illinois. I called and the recorders office said there was not one (they only checked the computer), but I was told by different folks that they get backed up several months.

Also, what documentation, if any, is required to file a mechanics lien in Cook County?

How do I fight a lien as an investor?

Can I sell the property if there is a lien on it? I read something that you can bond it out.

This is a real mess and I don't really know how to get it resolved.  

I appreciate any advice you can give me.

Many thanks!!!