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  #1  
Old 12-28-2006, 05:21 PM
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Illegal Mechanics Lien on new home purchase


What is the name of your state? Minnesota

I purchased a home, which closed in November, and in the documentation is a mechanics lien for a large sum of money.
There isn't any work to be done, on the property, by anyone.
What legal course do I follow in order to have this money paid to myself?

Thank You
  #2  
Old 12-28-2006, 05:46 PM
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Quote:
Originally Posted by SteveDevo View Post
What is the name of your state? Minnesota

I purchased a home, which closed in November, and in the documentation is a mechanics lien for a large sum of money.
There isn't any work to be done, on the property, by anyone.
What legal course do I follow in order to have this money paid to myself?

Thank You
Why do you think you should get any money?
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  #3  
Old 12-28-2006, 06:08 PM
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Better hope you don't owe the money to whatever mechanic placed the lien on the property you now own. Did you have title insurance? What does it say?
  #4  
Old 12-28-2006, 07:07 PM
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Sounds like your builder/contractor didn't pay one of the sub-contractors that worked on your home. Again, I would call the title people.
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  #5  
Old 12-29-2006, 05:25 AM
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Quote:
Originally Posted by SteveDevo View Post
What is the name of your state? Minnesota

I purchased a home, which closed in November, and in the documentation is a mechanics lien for a large sum of money.
There isn't any work to be done, on the property, by anyone.
What legal course do I follow in order to have this money paid to myself?

Thank You
You do not understand YOU will possibly have to PAY/negotiate the lien off in order to ever sell the property.

It also looks like, without benefit of an Atty apparently, that you signed documentation agreeing to accept this lien against the property "and in the documentations".

I don't understand how this got past your lender's requirements, if there was a loan, that the title needed to be free of all liens.

You need to get this resolved, yesterday. I would not expect any funds from the seller without a fight in court.

In addition your title for this thread is ILLEGAL mechanics lien, why does that come into your mind and just curious why do you think there are funds that would come to you over this, just a misunderstanding of the meaning of mechanics lien?

Last edited by lcannister; 12-29-2006 at 07:23 AM.
  #6  
Old 12-30-2006, 12:38 AM
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Join Date: Jan 2005
Posts: 142

Liens


This link may help: Lien laws by state: [url]www.traditionsoftware.com/constlienbystate.php[/url]
I also don't understand how a lien could get by an ethical and competent lender, but unfortunately, not all are ethical or competent. There is a surge in real estate/mortgage fraud going on. Some of it's being done by builders using their own mortgage subsidiaries which may or may not have a name you recognize as being associated with the builder. HUD has investigated various builders and lenders and sometimes fines are imposed but they keep right on keepin' on, the fines being considered a cost of doing business. I'd like to know if this problem arose from using the builder's lender.
  #7  
Old 12-30-2006, 09:56 AM
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Quote:
Originally Posted by Buk1000 View Post
This link may help: Lien laws by state: [url]www.traditionsoftware.com/constlienbystate.php[/url]
I also don't understand how a lien could get by an ethical and competent lender, but unfortunately, not all are ethical or competent. There is a surge in real estate/mortgage fraud going on. Some of it's being done by builders using their own mortgage subsidiaries which may or may not have a name you recognize as being associated with the builder. HUD has investigated various builders and lenders and sometimes fines are imposed but they keep right on keepin' on, the fines being considered a cost of doing business. I'd like to know if this problem arose from using the builder's lender.

Who said there was a lender?
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  #8  
Old 12-30-2006, 10:04 AM
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Location: Conshohocken, PA
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SteveDevo:
Did you purchase title insurance? If so, your first step is to contact them and find out why they allowed this transaction to close even though there was a lien/encumbrance on the property.
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