All Forum Posts by: Jochy Perez

Great feedback received and hope this helps someone out there as well in a similar situation.
I will get in touch with title company and find out on this.

Thanks everyone! 

Hello, 

I was working with a contractor to do some painting and didn't like the work and decided to let them go. This involves 2 properties. The 1st floor was painted at both places and 2nd floor remained to be done. The contractor was paid for the work completed, however, they still wanted to get paid for the 2nd floor even though they didn't do the work (ended up doing it myself). This was under 5k total owed according to them.

They never hired an attorney or went through the proper process, filled a generic mechanic's lien (found on rocket lawyer), and filed them with the registry of deeds.  The lien is absolutely unperfected as they listed me personally as the owner (I am not the owner or was at the time, properties are owned by a trust), contract was never filed. 

After filing these bogus liens, they sued me (personally again) in small claims court. Case was found on my favor, however, those liens still remain there. I had my attorney file a motion asking the court to dissolve the liens but according to the court magistrate, the motion was denied (which is strange) on grounds that the court is without authority to grant the relief requested in a small claims matter. 

"Chapter 254 Section 15. If it appears to the court that no person is entitled to a lien, or that every lien has been discharged by payment thereof, judgment shall be entered to the effect that the lien is dissolved, and a certificate to that effect shall be sent forthwith by the clerk to the register of deeds. Such certificate shall be filed and recorded in the manner provided in sections eight and nine."

Trying to figure out how the heck to remove those since they are invalid and quite frankly fraudulently filed. 

I did research online and it all points to paying the contractor (which I will not do) and getting a written statement to release. Another option is to bond the claim, however, there's no claim since court determine I don't owe anything. 

It's really unfortunate registries allow just about anyone to file whatever they want making it a huge hassle get clear title again. 

Any help or guidance in the right direction would be greatly appreciated. 

Thanks

@Jeff Copeland

If the title is insurable, does that mean the title company will have to resolve the issue on their end or cover the cost to quiet title? 

The title company mentioned they were going to get an indemnification with undertaking from the last policy holder

@Don Konipol

The executed P&S states they will deliver insurable title, not clean marketable. The financing I am obtaining requires clean marketable title to close.

Hi everyone, 

Under contract to purchase an REO property and it was discovered there's an old mortgage from 1997 which was assigned in 2000 to IMC Company Co, Tampa FL.

IMC Company Co is no longer in business and from the research I have done, they were acquired by CitiFinancial which I believe is no longer in business as well. 

Trying to figure out how to obtain a lien release for this old mortgage. 

The attorney hired a title curative company to see if they can find something, I also filed a case with the FDIC for the release to see if they can do.

Want to see if anyone has any experience or other suggestions on this

Hi All,

Have a question regarding Contractor Mechanic's lien.

 Recently I had a painter paint an apartment for me and did a horrendous job. I decided not to further work with them. I was paying them labor only. They hand wrote a "contract" on a "Proposal" form of paper for painting 2 apartments and I signed. I don't think it's a legal contract since it's on a proposal form with no terms. They only painted one of them. I had to pay another contractor to finish the job they botched.

They are threatening to put a lien on the property for the balance owed, yet there's no balance owed since they didn't finish the work. I was reading online regarding Mechanic's lien in MA and it states they had 90 days from the last date of service to file (it's past that date). 

My options: 

1. Completely ignore the threats to put a lien on the property

2. Have my attorney send them a scary letter 

3. If they file the lien, have my attorney send them a letter to remove lien or prepare for suit

4. Pay them the labor cost even though the work was not done. I did pay in full for the first apartment which was half of the "contract"

I tried to negotiate just to give them something to go away but it seems like they really think they are entitled to the full balance. Why should I pay for labor not completed? The balance "owed" according to them is 2,500

Any insight would be greatly appreciated. 

@Steve Bracero Correct. After I found out about the cost of making it a 3, I decided to not go that route. My idea was to just use the space as storage but regardless he's having me tie both floors together. 

@Steve Bracero Zoned for 2 family use. 

Hi,

Got into quite a bit of a mess and hoping you can help or point me in the right direction. The building inspector needed to stop by to do a walkthrough which was done.  It's a 2 Family but on the 3rd floor the previous owner had an illegal apartment.  The 3rd floor is vacant currently and was going through renovation.  There's no kitchen but the existing plumbing was left behind where the kitchen used to be.  He's going to be sending me a letter stating I have an illegal unit although there's no kitchen and the floor is empty. He wants me to tie the 2nd floor and the 3rd floor together building a wall.  Not sure what I can do in this case.  He said because I bought the house, I inherited the problem. My intentions were to go through the process of getting a special permit to make it into a 3 family but due to the high cost it was not worth it.

I'm assuming there's a fine involved. 

Thanks everyone for the inputs! 

@Ned Carey Unfortunately, the seller does not have the funds to have these liens released. I might have to find a creative way to pay those liens for them but in exchange, they agree to sell the property to me for X price. 

Not sure what is the best way of doing this.