I'm a new homeowner in CO who recently closed on my home. I just received a notice of Intent to Lien from a roofing company the homebuilder used for work. If we closed through a Title company is the Lien against my home valid? What level exposure does a homebuyer have? I have a clear title so will a CO court allow a lien to be placed after the homebuilder was paid in full?
I am sorry about the issues. The title company only has records that could impact title prior to closing. This is an issue that came about after the closing so the title company has no liability and the lien could be valid. There is no way to know if the lien is valid without getting more facts as the content of the notice and lien must be precise and the timing to be able to file a lien is also specific and strict.
You could have a claim against the seller for failing to diclose this. Your attorney would want to review the contract, the discosure, the notice of intent to lien and will want more facts.
In short, reach out to attorneys for a free consultation and then hire one to do a quick review your rights and options.
Robert Murillo
robert@pivotallegal.com.