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Lien Releases Questions
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Lien Releases
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There were several contractors who worked to repair a clubhouse caused by Hurricane Harvey, at Woody Acres, a 324 site MHP. One of them claims I owe him money for several items on a contract, all completed before March 23, 2018, including "profit" and "overhead" . A lien was filed on August 3. My spreadsheet analysis shows he owes me about $43,000, and maybe another $153,000 for TWIA insurance reimbursement essentially blocked by the contractor. We need a referral to a Texas Attorney.
TexasRE RECORD LIEN RELEASE DUE TO ERRORS IN AMOUNT
TexasOn July 25th 2018 I hired a contractor to trim a tree that caused an insurance claim on my rental property and to my neighbor's property. The contract was not fulfilled and I let the contractor know my neighbor called to alert me it was not according to the agreement ( I live an hour and a half away). I let the contractor know I needed to see the property before I would issue payment. I went to see the tree on 7-30-18 and it was not trimmed according to our agreement. I issued a check for payment on 8-3-18 since I was receiving threats for payment. I decided to pay this unprofessional person to go away. Meanwhile I still have to have three limbs cut from the tree. On 8-10-18 I received a recorded claim of lien from Oakland county dated 8-6-18. I have proof the cashed check dated 8-7-18. I have called this contractor to get the lien released but he will not contact me back. Is there a template I can send to demand the release? What is the time frame he must complete this after he received payment?
MichiganA subcontractor filed a mechanics lien on a previous job-site. I worked with this subcontractor on a job site. We did not have a written contract, but had a verbal contract. This individual 1's work, was unprofessional and costed us time and money. Therefore, we kicked him out. We finished the job with another individual 2 and once the job was completed, individual 1, placed a mechanics lien on the property.
Is there anyway I can get rid of the mechanics lien from the property WITHOUT
a. Getting a lien release form
b. Getting a Mechanics lien release bond
New YorkSo one of my subcontractors placed a Mechanics lien on one of my previous job-sites. This issue was resolved and the individual stopped renewing the lien earlier this year.
New YorkLien attached to project
CaliforniaI have a mechanics lien on a homeowner who refused to pay me. He got a lawyer to write a letter enclosing the full amount with a check, but want me to sign a conditional waiver releasing the lien bfore the funds are released.
CaliforniaWe filed a mechanics lien on owner of a project after getting paid we released it. Now If a owner of a project got a surety bond in my companies name as obligee should we have been notified? I find it odd that we filed a mechanics lien and this guy bonded around our lien named us as the obligee and we were never notified as such. Now there requesting we sign a release of claim on bond that we had no idea about.
And there attorney is saying in order for the surety to close the file and terminate the bond they need us the obligee to affirmatively release any claim on the bond.
Do I have to sign this or is my mechanic's lien release we filed sufficient enough to send them. I do not feel comfortable signing anything we were never notified of in the first place that we were the obligee.
Thank you so much.
CaliforniaMy lien holder is a Individual who has been out of country for a few years. And will remain gone. And no way to get in contact with him.
TexasWe filed a lien and it worked, the developer called me stating willingness to pay. However, they need to pay with funds from draw than is currently on hold due to our lien. He wants a clean title to get his financing and has promised to pay. How do I best handle this? He said he would forward a copy of statement with our company info listed as party to be paid. Should I take this as enough for me to release lien and what happens if he's dealing in bad faith?
IllinoisA client for who we completed a full house renovation ended up losing money on the property and subsequently didn’t pay our final payment. We gave them over three months, during that time they completely ignored all correspondence. Once they received an offer on the property and the lien was found by the closing company they were forced to communicate with us. They gave a sob story about losing money and asked if we could negotiate from $7,232.00 to $4,000.00. I said absolutely not, but finally agreed to $6,500.00 to just be done with the situation. I sent an invoice and she responded with this email:
Hi Diana,
Sorry for the delay, I am just checking with our escrow company and waiting to hear. We would like to pay you part on card toward the invoice and then leave the rest until you submit the release of lien doc's to escrow. Does that sound ok? They will confirm they have the funds from us and will release them to you once she receives those. Does that sound ok? I just want both parties to feel ensured of getting as per agreement.
Thanks!
Stacey
I have never had to file before so I’m a little uneducated on the subject, but this sounds strange to me. They already showed their intentions when they ignored us for three months until they received an offer and were forced to communicate. Should I stand firm with total payment before releasing?
Thanks!
PennsylvaniaI am needing instructions on how to file a release of lien filed against our company, we have the affidavit but the claimant refused to file the release themselves. Is there any other way we can get this lien released without having to take it to court?
TexasHello, we are architects helping a property owner which has just received a lien filed against his property. The lien comes from a subcontractor which was not paid by the general contractor. The client has paid the general contractor in full. Can the property owner get the lien dismissed - if yes, how should he do that?
New YorkA mechanics Lien was place on our New Construction home (Kittitas County-Cle Elum, WA)
it has been 9 month since filing
No action has been taken
How do we remove this lien from the property?
WashingtonA mechanic's lien that was filed last year expired. I sent the lien claimants a demand for removal or a lawsuit will be filed. They sent a mechanic lien release form that was not recorded. What do I do?
California