builders Lien

[Flames_Gimp]

Anyone ever had a line filed against them? or anyone have experiences filing liens? or gone to court over a contract?

[Flames_Gimp]

theres no liens on me. just curious

[rubecube]

My dad had one filed against him by my mom.

[nickerjones]

my dad owns a construction company and oddly enough we were just talking about liens he had on him back in the early 90's and liens he has recently filed and placed on people.... what do you wanna know about them ?

[Flames_Gimp]

i was curious, i bet most people would want to settle out of court after getting a lien on their property. wonder how many people go to court after.

[Delthefunky]

what are you guys talking about?

[Flames_Gimp]

Originally Posted by Delthefunky

what are you guys talking about?

oh, it's Grown-up talk

[algernon]

Originally Posted by Delthefunky

what are you guys talking about?

I think a lien is money owed against a property, that must be paid off before re-sale is legally allowed. (?)

Just my meagre understanding. I wait for the experts to weigh in.
I should know at least something about this, as I'm a contractor

[fredr123]

Originally Posted by Flames_Gimp

Anyone ever had a line filed against them? or anyone have experiences filing liens? or gone to court over a contract?

Yes

[Flames_Gimp]

being a fellow contractor, its means for recourse if a client refuses to pay a contract. You can file a lien against their house title. thats right they can't sell, or do any other renovations legally while the lien is there.

[algernon]

Originally Posted by Flames_Gimp

being a fellow contractor, its means for recourse if a client refuses to pay a contract. You can file a lien against their house title. thats right they can't sell, or do any other renovations legally while the lien is there.

So, the lien would show up with City Hall, when pulling permits? Would the lien show up if someone wanted to re-finance for a reno?

[Flames_Gimp]

Originally Posted by algernon

So, the lien would show up with City Hall, when pulling permits? Would the lien show up if someone wanted to re-finance for a reno?

yup..im pretty sure it covers all that

[algernon]

Originally Posted by Flames_Gimp

yup..im pretty sure it covers all that

Thanks, man.

[nickerjones]

and here is whats funny ( at least in oklahoma) lets say you get a tax lein put on your and/or your buisness and then you pay it off....... well you have to actually take the certificate of pay off and lein release to city hall and then they have to pull the paper and then you have to pay them to remove the lein ...

[Prototype]

The bottom line with a lein is that if you have one on any property, if you sell that property, the lein is paid off first. In the banking industry, leins are used all the time. If you have a mortgage, you technically have a lein. If you have a loan based on home equity, you have a lien. If you have a car loan, you have a lein.

I have never heard of someone just putting a lein on property for no reason. But my only exposure to it is through the bank.

[Winsor_Pilates]

A lien is basically a claim for money owing to a contractor. The contractor files it against the title of a property within a certain time of completing the project. It usually precedes some sort of legal action.

Anyone dealing with the property will see this on the property registration. If a property you are dealing with has a lien filed against it, you must hold back certain % of any payments dealing with it to avoid being liable for more.

[Gozer]

Originally Posted by Prottotype

I have never heard of someone just putting a lien on property for no reason.

It takes a fair amount of paperwork and proof, the burden of proof is on the liener.

You can't lien a property for no reason.

[fredr123]

Originally Posted by Gozer

It takes a fair amount of paperwork and proof, the burden of proof is on the liener.

You can't lien a property for no reason.

It basically requires an affidavit and a couple other forms. The affidavit just says that you swear the attached claim is true. How truthful you are in the affidavit is up to your conscious. If you fill everything out right and don't irritate the clerks at Land Titles, you get your lien.

The person upon whose property the lien is filed can demand the person who filed the lien prove their claim. It's only at that stage, really, that the person filing the lien has to prove anything. If it turns out that their affidavit was false or that the supporting forms were inaccurate, then you risk being held liable for any costs that may have been incurred as a result of the lien being filed when it should not have.

[Gozer]

Originally Posted by fredr123

It basically requires an affidavit and a couple other forms. The affidavit just says that you swear the attached claim is true. How truthful you are in the affidavit is up to your conscious. If you fill everything out right and don't irritate the clerks at Land Titles, you get your lien.

The person upon whose property the lien is filed can demand the person who filed the lien prove their claim. It's only at that stage, really, that the person filing the lien has to prove anything. If it turns out that their affidavit was false or that the supporting forms were inaccurate, then you risk being held liable for any costs that may have been incurred as a result of the lien being filed when it should not have.

I stand corrected.

[fredr123]

Originally Posted by Gozer

I stand corrected.

You were right to the extent that it is up to the lien holder to prove its claim... eventually. Practically speaking, however, the requirements to start the process and get the lien in the first place are not particularly onerous. Once the claim starts to be litigated or otherwise contested, then it can get pretty messy pretty quick. Much more documentation will follow.